By PERPETUAL SICHIKWENKWE –
CHILANGA United Party for National Development (UPND) Member of Parliament (MP) Keith Mukata and his partner Charmaine Musonda have asked the Lusaka High Court to acquit them of a murder charge because the State has failed to establish case against them.
In their submissions of no-case-to answer, Mukata and Musonda argued that they should be freed because the prosecution had lamentably failed to prove any of the ingredients of the offence they were charged with.
Mukata and Musonda said in their submissions through their defence lawyers Eric Silwamba, Jalasi and Linyama Legal Practitioners and AMK Legal Practitioners that it was the duty of the court to make a finding of no-case-to-answer.
Mukata, a lawyer and former deputy minister, is jointly charged with Musonda for the murder of Namakambwa Kalilakwenda, 63, of Lusaka’s Ngombe Township.
Mr Kalilakwenda, who was an employee of Men in Black Security Company, was shot dead at House Number 4, Alex Masala Close in Rhodespark, the office of AKM Legal Practitioners, the law firm belonging to Mukata.
The court is yet to rule on whether or not the duo has a case to answer, the State having closed its case last week.
Mukata and Musonda said the prosecution had not established a prima facie case for the offence they were facing.
The duo stated that none of the prosecution witnesses had tendered evidence that proved the charge levelled against them.
They said there was no conclusive evidence that had been established beyond reasonable doubt that they committed the crime.
The lawyers said there was no shred of evidence adduced by the prosecution linking them to or with any culpable act or omission of Musonda in relation to the death of the deceased.
“While we recognise and sympathise for a loss of life it is, however, critical in criminal law to find the right people that caused the death of the deceased,” they submitted.
Mukata and Musonda further said the prosecution had lamentably failed to discharge the burden of proof in terms of the ingredients and elements of the offence.