Four men jailed 18 years for K1,521,000 theft in jewellery, cash

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Criminal court
Criminal court

THE Ndola High Court has sentenced four men of Ndola to 18 years imprisonment each with hard labour for stealing jewellery and cash worth K1,521,000 from a businessman.
High Court judge-in-charge Jane Kabuka last Thursday convicted and jailed Chikosa Lusubilo, 29, Jolofan Sakala, 32, Charles Kwenda, 27 , and Henry Ng’ambi , 28,  after finding them guilty of aggravated robbery.

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Mrs Justice Kabuka said the evidence against Lusubilo, Sakala, Kwenda and Ng’ambi was overwhelming.
Ms Kabuka also ordered that the vehicles that the four convicts had acquired be confiscated because she was convinced that they were bought using the money they stole from Jignesh Soni
Lusubilo, Sakala, Kwenda and Ng’ambi were jointly charged with Albert Malipenga, 34, and Mundia Munyoi, 35.
The court, however, acquitted Malipenga and Munyoi due to insufficient evidence.
“I find no case brought out against Malipenga and Munyoi and I henceforth, acquit them and set them at liberty.
“I find that the evidence brought out against the other four is overwhelming and I accordingly find the four guilty of the charge of aggravated robbery contrary to section 294(1) because it is not clearly stated as to what sort of gun was used during the robbery, and I hereby convict them accordingly.
“I sentence each one of you to 18 years imprisonment with hard labour with effect from the day you were arrested and taken into custody,” Mrs Justice Kabuka said.
She added: “I also order that the motor vehicles that the four were found with be repossessed because the court strongly believes that they were acquired using the money that was stolen from the complainant,” Ms Kabuka said.
In mitigation through Legal Aid counsel Misozi Banda, the four begged the court to be lenient arguing that they are all youthful   and promised to reform.
Ms Banda said the convicts can contribute to national development if given a second chance.
Lusubilo, Sakala, Kwenda and Ng’ambi on March 29 last year in Ndola, whilst acting with others unknown people, robbed Jignesh Soni of jewellery and cash altogether worth K1, 521,000.
The four used violence against Ms Soni during the robbery.
During trial, Ms Angina Soni testified that on the material day around 16:30 hours, she was at home when she suddenly heard her daughter who had gone to play at their neighbour’s house crying and calling her.
She told the court that when she checked, she saw a man holding a knife and dragging her daughter in the passage of their house. The man immediately warned that he would kill her daughter if she screamed for help.
Ms Soni said she saw another man who wore a mask entering the room and slapped her.
“The other man who was wearing a hat and had his face covered with a cloth came in and hit me on the head. He also pulled my hands behind, hit me against the wall whilst extending the beatings to my daughter,” Ms Soni said.
She testified that she then led the assailants to the bedroom where the money was because they threatened to stab her and her daughter.
Ms Soni also told the court that the criminals asked for her phone and broke it after they got the money from the safe.
And Mr Soni told the court that he was surprised when he received a call from his wife using a phone belonging to one of their domestic workers and the caller told him to immediately go home.
Mr Soni told the court that he rushed home and found his wife, children and all their domestic workers locked up in the bathroom.
He testified that his wife was traumatised that she could not talk for an hour until a medical doctor attended to her.

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