Clinical officer, 3 others acquitted in murder case
Published On March 28, 2014 » 2502 Views» By Administrator Times » Latest News, Stories
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High Court3By CHATULA KAMPO –
A CLINICAL officer based at Arthur Davison Children’s Hospital (ADH) and three others who were accused of beating and burning a man to death have been acquitted by the Ndola High Court.
Edwin Mwanza, a clinical officer, 48, of 4 Luneta Road, Boniface Mwape, 41, of 3192 Macha Road in Northrise, Christopher Mwale, 20, of Mack Farms and a juvenile on Tuesday this week walked to freedom when the Ndola High Court acquitted them.
The four were alleged to have been part of a mob that beat up and burnt Lloyd Phiri to death near Northrise Market in Ndola on May 7, 2012.
In a judgment delivered on behalf of the suspended Judge, Emelia Sunkutu by Justice Petronella Ngulube, the prosecution did not prove the case against the accused persons.
Ms Justice Sunkutu, however, implored law enforcement officers to ensure that no one died in shocking and horrifying circumstances like a mob justice.
During trial, the court called four witnesses with the first being Alick Phiri, brother  of the  deceased, who told  the court that the  late Phiri had a mental illness and that the day he met his fate, he had gone to the hospital and never went back home.
Mr Phiri said the following day, he was informed that his brother was burnt to death near Northrise Market.
Another  witness Michael Njovu said on the material day, he found a dead body that  was  partially burnt at  the  junction of  Macha and Boundary  roads in Northrise when he was returning from a funeral around 05:00 hours.
The four were then found with a case to answer and put on their defence.
Mwanza in defence remained quiet and called his wife Susan Chikololo as the only witness and the others gave evidence on oath without witnesses.
Ms Chikololo said her husband heard a lot of noise from people that were shouting ‘thief’ and decided to go and check at the market where he got the suspect and put him in the back seat of his vehicle to take him to the police station but a rowdy mob removed him.
In passing judgment, Ms Sunkuntu said the evidence by the prosecution did not show that any of the accused persons and the juvenile offender caused the death of the accused.
She said the deceased was murdered by a crowd and that there was nothing that pointed at the actual persons who caused the death.
“I, therefore acquit all the four and the juvenile of the charge of murder contrary to section 200 of the penal code chapter 87 of the laws of Zambia. I forthwith, set all at liberty,” she said.

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