3 Acquitted In Police Officer Assault Case

THE Kabwe Magistrate’s Court has acquitted two men and a woman who allegedly assaulted a police officer after the complainant failed to appear for commencement of trial without sending apologies to the court.
This is in a case where Ezra Tembo, 38, Justine Makani, 31, and Petronella Mudenda, 27, all of Makululu compound, were appearing before magistrate Sebastian Mwenya. The three, who allegedly assaulted the police officer while he was on duty at Kasanda Police Station, had earlier pleaded not guilty to assault.
It is alleged that on August 30, this year, in Kabwe, the trio jointly and whilst acting together, did assault a Constable Mulanga.
When the matter came up for commencement of trial, state prosecutor Owen Himweene informed the court that Constable Mulanga, who was a key witness in the matter, was not before court.
Mr Himweene informed the court that the arresting officer was before court and perhaps was in a position to know the complainant’s whereabouts.
Magistrate Mwenya asked the arresting officer, Lubasi Makwiyi, why Constable Mulanga did not come to court when he knew the matter was coming for commencement of trial.
Mr Makwiyi told the court that he was surprised that the complainant did not come to court because he had communicated to him on the matter.
“I communicated to Constable Mulanga and he assured me that he was going to be at the court today, but to my surprise, he is not here,” he said.
Mr Himweene made an application to have the matter withdrawn since the key witness in the matter was not coming to testify.
“we are applying to have the matter against the three discontinued as the key witness claims the assault happened at Kasanda Police Station while he was on duty, but there is no evidence,” Mr Himweene said.
Magistrate Mwenya granted the application and withdrew the matter.

Posted by Editor on September 25, 2015. Filed under CRIME. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.