Two boys to answer for murder
Published On August 2, 2015 » 1470 Views» By Davies M.M Chanda » Latest News
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Scales of Justice - bigBy SYLVIA MWEETWA –
TWO juveniles have been found with a case to answer and put on defence in a murder trial involving two taxi drivers of Kabwe.
The boys are charged along with five others.
They are all facing two counts of murder, attempted murder and aggravated robbery.
The seven, who are represented by three lawyers, were put on their defence by Kabwe High Court Judge Elita Mwikisa after the prosecution closed the case involving 22 witnesses.
The juveniles are charged along with Kingsley Botha, Brian Mofya and Joseph Mutale in the murder of Simon Phiri and the theft of a vehicle registration number ABZ 1481.
They were also facing another charge of theft of a motor vehicle belonging to Aaron Hansanda. The vehicle, a Toyota Sprinter registration number ABZ 3004 was valued at K20, 000.
They were facing another murder charge involving Mr Hansanda.
In count five, the two boys on January 10, 2013 assaulted Eugene Mulenga with intent to steal a motor vehicle, a Toyota Corolla registration number ACR 6892 valued at K28, 000 while armed with a wire.
The seven pleaded not guilty to all charges.
Lusaka based senior investigations officer Albert Chama narrated in court how the seven were jointly charged after receiving dockets and that from the investigations, it was clear that they participated in the murder.
Mr Chama told Ms Justice Mwikisa that a simcard belonging to one of the deceased drivers was found at one of accused’s yard in Ndola.
He said one of the vehicles which was stolen was sold at K3,000 and wondered how a car could cost that amount and that the owner of the  garage, who is one of the accused person, was better placed to know the value of a vehicle.
The witness also identified two pieces of wire which were allegedly used in attacking the deceased and were admitted in court as part of evidence among other recovered items such as a DVD player, television set and vehicle.
Before the closure of the case, lawyers representing the two boys applied to the court that they be set free as there was no direct evidence linking them to the crime.
Mulilo Kabesha from Kabesha and Company said it was clear that his client was arrested based on what was termed as arrogance after he refused to cooperate with police officers and argued that it would be unfair to find them with a case to answer.
Ms Justice Mwikisa in her ruling found all the seven with a case to answer and put them on their defence.
The defence applied for an adjournment to give them chance to get instructions from their clients.
The matter continues in October, this year.

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