A 42 year old man of Mandondo township in Ndola has been found with a case to answer by the Ndola Magistrate’s Court for allegedly assaulting his 46-year-old disabled cousin over food.
Magistrate Misozi Banda on Tuesday placed Binwell Pika on his defence after the prosecution established a prima-facie case of assault against him.
“I find that the prosecution has established a prima-facie case against the accused person and I find him with a case for which he might have to answer. I, therefore, put him on his defence,” Ms Banda said.
It is alleged that Pika on July 3 this year in Ndola, assaulted Hudson Bwalya and occasioned him actual bodily harm.
Pika denied the charge.
Mr Bwalya testified that on the fateful day, Pika went out to drink beer and returned home around 22:00 hours.
He recalled that Pika accused him of allegedly selling some food meant for family consumption so that he could use the money to buy beer.
Mr Bwalya told the court that Pika allegedly grabbed his crutches and used them to assault him.
“Your honour, I was surprised when my cousin came back from a drinking spree and told me that I was stupid. He then assaulted me for the simple reason that I had sold the food which I worked for.
“He beat me until he got tired and then he took me and made me lie down on my bed where I was left for dead. I sustained severe pains in the chest and ribs,” Mr Bwalya said.
He said Pika allegedly beat him up until the crutches broke and he reported the matter to police the following morning.
Mr Bwalya told the court that he went to Kavu Health Centre and he was later referred to Ndola Central Hospital (NCH) where the doctor recommended that he should have an x-ray because he was complaining of severe chest pains.
And the arresting officer, Kenneth Ng’ambi, 49, of Kang’onga Police Post, said he arrested Pika after receiving a report of assault from Mr Bwalya.
Mr Ng’ambi told the court that a medical report and the crutches which Pika used to assault Mr Bwalya were picked up and kept as exhibits in court
makumwe
August 7, 2014 at 4:30 pm
Ubuuliili bafipe imwe,
tongabull 2
August 7, 2014 at 10:00 pm
Balamukaka you’re shetizo
Rees
August 8, 2014 at 6:27 am
A fool cousin he is !
bamuntu
August 8, 2014 at 6:58 am
ba mumine pakabwali oroifyumbu?