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FOUR FISHERMEN IN CHISAMBA FINED FOR CRIMINAL TRESPASS

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THE Chisamba Magistrate Court has fined four fishermen a sum of K300 each, in default two months imprisonment with hard labour for criminal trespass.

Magistrate Austine Mubita fined Daniel Mutale, 54, Dominic Chanda, 35, Justine Chanda, 30 , and Rerpenal Chanda, 20, all of John Chinena in Chief Liteta’s area in Chisamba District after finding them guilty of the subject offence.

On January 20, 2025 the quartet pleaded guilty to the offence of criminal trespass and told the court that they were not allowed to enter the farm and catch fish by the farm owner.

Facts before the court were that on the January 10, 2025, the accused persons did enter Flimwel Farm without lawful authority from the farm owner contrary Section 306 (a) of the penal Code Chapter 87 of the Laws of Zambia.

When the matter came up, Douglas Machaka, a game scout, told the court that he saw the four people, now convicts, enter in Flimwel Dam at 16:00 hours preparing a net to catch fish.

The Court heard that Machaka, with the help from his friends apprehended the quartet and took them to Chisamba Police Station with their fishing nets and two dark canoes.

And Public Prosecutor Pearson Chilumbu told the court that the accused had no lawful authority to enter the farm and later alone to catch fish.

In mitigation, the convicts pleaded with the court that they were married with children and their families would suffer if sent to jail.

They appealed to the court to exercise maximum leniency saying they did not know that the dam had an owner and promised not to commit a similar offence.

In passing judgment, Magistrate Mubita said he considered the mitigation by the convicts and that they were first offenders that are entitled to leniency.

He, however, said to deter offenders, he convicted and fined the convicts K300 each to be paid by January 27, 2025 in default two months imprisonment with hard labour.