Magistrate acquits Chinsali farmer
Chinsali, February 12, ZANIS……..A Chinsali small scale farmer has been acquitted by the Chinsali Magistrate Court on allegations of theft.
This follows the failure by the prosecution team to provide tangible evidence in the matter.
This is in a case in which George Kayula, 35, of chief Nkula`s area in Chinsali district was facing one count of burglary and theft contrary to Section 301 (A) and 272 of the penal code chapter 87 of the laws of Zambia.
Particulars of the offence were that on October 16 last year, Kayula did break and enter into a house belonging to Amos Mulenga and did steal property valued at about KR800.
Among the properties that were stolen include a mattress, one bag of beans and a bucket of cooking oil.
The matter was reported to Chinsali police Station on July 18, 2012.
Kayula pleaded not guilty to the charge.
Passing judgment yesterday Magistrate Shadrick Chanda said he was setting Kayula free because of lack of evidence linking him to the said charge adding that the evidence from the prosecution team was just circumstantial.
Magistrate Chanda said looking at the time frame from the time Kayula was put under police custody; major properties would have been recovered to support the state in the matter.
He said the court appreciates that Mr. Mulenga lost his property but it would be unfair to heap the blame on the accused with distorted evidence.
Magistrate Chanda said it is for this reason that the court had decided to free Kayula from the allegations and set him.