Kalewa Barracks soldiers deny assaulting civilian

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Magistrates-court

SIX soldiers of Kalewa Barracks in Ndola have pleaded not guilty to assaulting a civilian during a drinking spree and causing him grievous bodily harm.
This is in a case in which Makayi Sibandi, 25, Lisimba Wambingi, 22, and Danny Mihaketa, 22, are charged with assault causing grievous bodily harm.
Others are Mpotazingwe Banda, Smart Sakala and James Katungu all aged 23 of 10 Medium Block Kalewa Barracks.
The six appeared before Ndola magistrate Chitundu Chongo on Tuesday and pleaded not guilty. Assault causing grievous bodily harm is contrary to Section 229 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that the six on August 8, 2013 in Ndola, jointly and whilst acting together, assaulted Mulenga Musonda, causing him grievous bodily harm.
Earlier, the six soldiers pleaded guilty but denied causing grievous bodily harm to Mr Musonda.
“I will enter a plea of not guilty for all the accused because the explanations are not clear,” Ms Chongo said.
Sibandi told the court that Mr Musonda allegedly provoked him at a bar in Pamodzi township and a fight erupted.
Ms Chongo granted the accused K1,500 cash bail each with two working sureties in their own recognisance.
But State prosecutor Eliko Banda objected to the bail application on grounds that the six soldiers can interfere with witnesses.
Mr Banda submitted that Mr Musonda is currently in hospital and in the event of the worst, it will be difficult to come up with an appropriate offence against the six soldiers.
“These trained personnel are a danger to society and if released on bail, more innocent citizens will be injured and even lose lives,” Mr Banda said.
But Ms Chongo ruled that there is no evidence that the accused will interfere with witnesses.
She adjourned the case to August 27, 2013 for commencement of trial and remanded the soldiers in custody until they meet bail conditions.

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