FOUR Zambia Wildlife Authority (ZAWA) officers have been acquitted of murder by the Kasama High Court.
Kelly Simuntala, Maybin Katongo, Matthews Nyangu and Charles Mulenga pleaded not guilty to the charge of murder.
Ndola High Court judge Anessi Bobo sitting in Kasama recently acquitted the four after the prosecution team failed to prove its case against the four officers.
It was alleged that on July 20, 2013, the four officers murdered Chisha Mulundu and Morris Kalungu.
In delivering judgment, Justice Bobo observed that the evidence presented before court indicated that Mulundu and Kalungu did not die of gunshot wounds but died of drowning after they jumped into Lake Tanganyika upon seeing the officers who found them fishing illegally.
“I have noted that the findings from the doctor say nothing about the deceased having died of gunshot wounds. I further observe that it is the habit of fishermen to jump out of their boats to escape from facing lawful arrests after they are found fishing illegally.
I’m alive to the fact that there was no common purpose which was unlawful in the accused having murdered the deceased or that they participated in causing their death with malice aforethought. I find that the prosecution has not proved their case beyond any reasonable doubt and as such the four accused are acquitted of murder and are to be set free,” Justice Bobo said.
During trial, the court heard that the ZAWA officers were on the night of July 23, 2013, around 23:00 hours, patrolling on Lake Tanganyika when they came across eight people among them the two deceased.
As the ZAWA officers drew near, the fishermen jumped out of the boat in an attempt to escape from ZAWA officers but drowned in the process.
The court further heard that the deceased jumped out of the boat and into the water because ZAWA officers were whipping them and eventually they drowned.
But Ms Bobo disputed this part of evidence questioning the possibility of the officers to hold guns and at the same time sticks which were allegedly used to cane the deceased.
The court further heard that the ZAWA township at Nsumbu was gutted by angry villagers after word went round that the officers had killed the two fishermen.
lukundo
February 7, 2015 at 11:11 am
Awe mayo am first to comment were is TUTU
syantimba b.k
February 7, 2015 at 9:15 pm
because of this case for the first time in my life i had to fly by chopa and the ordinaly plane, to go and restore peace in nsumbu boma. congrats to the zawa officers though innocent ones lost all their household properties.
vcool
February 7, 2015 at 10:31 pm
Finally, this case has come to an end.God is really faithful. Its pity lives were lost in the process of doing the right thing. Hope the deceased relatives one day will find a place in their hearts to forgive