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2 Kitwe Police Officers get 6 Years Jail Sentence For Manslaughter
KITWE High Court judge Judy Mulongoti has sentenced two police officers to six years imprisonment with hard labour for manslaughter.
The two police officers identified as Daniel Kapambwe, 42 and Moses Chinga, 24, from Kitwe’s Kamfinsa police camp, were charged with manslaughter after they caused the death of Wesley Mpundu, who was the chief accountant at Sandvik.
On September 1, 2012, Mpundu was on his way to his farm in Chililabombwe with his workers when he was shot dead by the two police officers manning a check-point in the area to curb rampant motor vehicle thefts.
According to the statements from the prosecution witnesses, Jessy Mwansa and Nelson Mukanda, they were on their way to Mpundu’s farm and when they reached Mulyashi Chinsendwa Road, they found the road blocked with logs, and Mpundu, who was their boss, told them to remove the logs while he remained in the vehicle, waiting for them to clear the way.
The witnesses said while they were removing the logs from the road, they suddenly heard gunshots and they immediately scampered for safety in the nearby bush. The witness said when they came back, they found police officers, who ordered them to sit down. Then the officers asked who their driver was, they responded that it was their boss Mpundu, who had remained in the car but when they rushed to the car, they found him in a pool of blood.
Delivering judgment, judge Mulongoti said the prosecution had proved the case beyond reasonable doubt and the prosecution witnesses were credible.
Judge Mulongoti said the seven bullets that were shot were aimed at the cabin and not the tyres of the car and the deceased, including his workers, were unarmed and did not retaliate.
“The defence of mistaken fact was unreasonable. Accused one (A1) Kapambwe’s testimony that the vehicle was a stolen one is a fabrication and a defence strategy. Yes the accused were on lawful duty but their action was unlawful and the conduct of the deceased was not suspicious to warrant them such action,” judge Mulongoti said.
In mitigation, the officers, through their defence lawyer, said they were first offenders and were sorry for causing the death of Mpundu and that they had learnt a lesson from such an action as they had spent a considerable period of time in prison before the court granted them bail.
The lawyer said Kapambwe was a family man and the family depended on him while Chinga was only 24 years with a lot of youth and energy in him, which energy could be constructively used in the development of society.
They said it was unfortunate that the death of the deceased occurred when the accused were on lawful duty attempting to preserve and protect the property and life of society.
But judge Mulongoti said she had considered their mitigation but the circumstances under which the deceased met his fate were brutal.
“You were trigger-happy officers…indeed it is with a heavy-heart that officers like yourselves should be sent to prison. The use of the firearm should be the last and not the first resort. You were not in danger and you were not attacked. I therefore sentence you to six years imprisonment with hard labour,” said judge Mulongoti on Friday.
Posted by
TC
July 22, 2013 at 3:03 pm
Fondly missed. MHSRIP
RESPONSIBLE MAN
July 22, 2013 at 3:12 pm
6 years for murder? why not life in jail like you do to others who kill for defense…………….?
Mundia M
July 22, 2013 at 4:06 pm
Iwe responsible man, manslaughter & murder are worlds apart in legal terms!
Whoever charged these 2 killer cops had bad intentions as they should have been charged with murder instead.
Mwanafumu
July 22, 2013 at 6:14 pm
BA mundia M the frist charge was murder but due to luck of evidnce the charge changes to manslaughter.
Trigger Happy Cops
July 22, 2013 at 3:14 pm
That’s not good enough ,six years compared to a life of a person .
SLEEPIN DOG
July 22, 2013 at 3:29 pm
its high time cops learnt how to use their fire arms.let them pay for their action as the law says ignorance have no defence.
Comfort
July 22, 2013 at 3:47 pm
only six yrs??dats truelly an insult to the survivn family.defilers get 25,dis is a lost lyf.thez chaps bein in a group shud av exercised beta judgemnt.30 yrs wud av bin fair enuf to deter their ruthless wud be offendrs.idiots!!
criticals
July 22, 2013 at 3:51 pm
And what has happened to the so called national service officers who killed harmless villagers in chongwe,we need a fair judicial system in Zambia. No one is above the law. If these people are keen to shot then ba sata please send them to Afghanistan or Pakistan as peace keepers.
Law student
July 22, 2013 at 4:22 pm
Murder n manslaughter are different in murder there is no malice afore thought,there is no intention to kiss but there is an actus reas which is the death of someone as a result of negligence n recklessness of the officers but am surprised they got 6 years,man slaughter cn go upto life imprisonment.
James Mugala
July 22, 2013 at 4:43 pm
Glad the conviction has gone thru but 6 years is a joke compared to the behavior portrayed with the training had.
RIEP Mr Mpundu
SLEEPIN DOG
July 22, 2013 at 4:58 pm
which janes mugala is this one? and where are you my brother?
SLEEPIN DOG
July 22, 2013 at 5:00 pm
I meant which james Mugala and not janes
James Mugala
July 22, 2013 at 5:27 pm
the very one. which sleeping dog is this?
123
July 23, 2013 at 9:23 am
POPI
bigbuttman
July 22, 2013 at 5:08 pm
6 years? Malabish. Hang this FOOLS!
ZP Zabwino Palibe.
Mwanafumu
July 22, 2013 at 6:18 pm
Yes you are balabish how can someone be hang for Mahslaugher? One can only go in for life and not to be on deathrow,if not just the years.
EHH
July 22, 2013 at 8:10 pm
Fipuba efyo why didn’t u just slaughter them as well coz thoz officers are not ignorant of law thy know hw to use their firearms thy went thru training
m.c
July 22, 2013 at 9:21 pm
We miss you uncle Wes….
Anita
July 23, 2013 at 7:37 am
U CAN’T GIVE SOMEONE WHO INTENTIONALLY KILLED SOMEONE ONLY 6 YRS, THAT’S A BIG JOKE! FROM THE TIME OF ARREST THEY HAVE ALREADY SERVED 3 YRS, MEANING 3 YRS REMAINING.
Haspower
July 23, 2013 at 8:05 am
Hey have mercy on those idiots they ve lost a lot coz 1.they ve been dismised from the civil service wit no benefits.2.they re servin in jail is.that nt enough sure pipo?
smart
July 23, 2013 at 8:50 am
6 years is nothing.If the family is not happy with the sentence let them go pa milambo apa fye apepi pa chembe.Sort them out while in prison
Whizz.K
July 23, 2013 at 9:06 am
OUR POLICE FORCE IS JUST FULL OF IDIOTS, STARTING FROM THE TOP. EVERYDAY WE HEAR OF SHOOTING ISSUES, FROM THESE TRIGGER HAPPY F***KERS! WE ARE SICK AND TIRED!
Nels
July 23, 2013 at 9:31 am
We needed closure and this this is all the Judiciary could give us. RIP Uncle Wesley, you are greatly missed.
SLEEPIN DOG
July 23, 2013 at 9:38 am
hai James,u aven’t answered well i mean you know that that name goes around the mugala family more still where are you?
smart
July 23, 2013 at 10:39 am
These useless cops should have been hanged…the car was not even moving for them to shoot…may the devil take their souls
MUKWESU
July 23, 2013 at 12:06 pm
Too bad! these people are criminals they where surpose to spend their lives in jail.
jonathan
July 23, 2013 at 11:27 pm
Nowadayz our police officers ar full ov idiots,ifupubafye I dnt know wats wrong wit tha gvmnt by not recruiytn month trained cops.na 6 yrs yachepa ngaba fwililefye mu jele or kumukobeko.
Umwina Nswi
July 24, 2013 at 12:21 am
One wonders how they concluded that the late Mr. Mpundu(MHSRIP) was a thief. The police should aim at arresting the suspect and not shoot to death. These trigger happy former officers behaved irresponsibly and deserve the imprisonment unleashed unto them tho it could have been better if longer.
Chikubabe
July 24, 2013 at 12:52 am
They used to shout louder that “Africa wewingila panono panono ngo…..bwambwa..and finally today everyone is authority.Honestly speaking how does one orders his so called workers to remove security barriers according to Zambian standards.The cops acted in a right way opening fire at the rude chap.
shoket 1
July 24, 2013 at 5:37 am
Isn’t it standard procedure to consider use of a fire arm only when you have reasonable proof that you life or indeed of others is in danger? You shoot someone 7 times coz he asked his workers to remove logs that blocked the road? That’s insane..that man was innocent..where do you guys do your training from? For what its worth you are even charged with manslaughter since your intentions were not “pre-meditated” or some shit like that..that man was also a family man am sure but you chaps decide to shoot in the name anti robbery..the vehicle was not even reported stolen..this 6 years is a joke to slap on you..you should have been given 25 years with hard labor..
PRIMA FACIE
July 24, 2013 at 1:16 pm
deliverance my foot.