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Chinsali Mobile phone dealer set free
Chinsali, June 4, 2013, ZANIS — A Chinsali Mobile phone dealer has walked to his freedom
after the magistrate’s court find him with no case to answer on
charges of breaking into his office and committing a felony therein.
Appearing before magistrate Shaderick Chanda for ruling yesterday was
Kennedy Musukuma, 31, of Chinunda Village in Senior Chief Nkula`s area
in Chinsali District.
Musukuma is charged with one count of breaking into a building and
committing a felony there in contrary to section 303 (a) (b) chapter
87 of the laws of Zambia.
Particulars of the offence were that Musukuma on 28th April 2013 did
break into the shop at night and stole talk-time and cash
money all valued at K69, 000.
Detective Sergeant Mubita Mujuku from Chinsali Police Station
testified before the court that he received a complaint from Musukuma
that the shop in question had been broken into and that Airtime and some money
had been stolen.
Detective Mujuku said with the company of two other officers they
visited the scene of crime were it was discovered that the front door
and that of the Shop manager had been tempered with.
He added in his testimony that both the manager`s door and the Shop
main door were opened by force thereby damaging the locking systems.
Detective Mujuku said the manager`s door had two metal bars locking
the door from inside which could have made it impossible to open the
door from outside.
He said that some particles of the door which had fallen at the time
of breaking showed that the force was applied from inside.
Detective Mujuku further said that it was also discovered that apart
from breaking the building upon entry, a key was also used.
Detective Mujuku said it was discovered that the complainant who
turned out to be the prime suspect had the keys for the Shop.
The police officer said he suspected the accused person to have been
the one who allegedly broke into the building and stole the said money
after it came to light that he was the one who was keeping the office
keys.
Musukuma was later arrested and remanded at Chinsali Police Station
where upon being questioned, gave a free and voluntary reply denying
the charge.
Making a ruling on the matter yesterday, magistrate Chanda said that
evidence adduced in court by the prosecution witnesses did not show
any reliability.
Magistrate Chanda stated that they were a lot of lapses in the manner
investigations in the matter were conducted, among them, failure to
uplift finger prints from the scene of crime so that the accused
person could be connected to the commission of the offence and
reluctance from the police to follow-up the contractor who installed
the safe.
He said that failure to carry out or conduct procedural steps amounts
to total failure of duty by the concerned officers.
Magistrate Chanda said the court had no option but to set free the
accused person basing on the foregone facts.
