The Lusaka Magistrate Court has discharged a 33 year old man who was facing one count of burglary and theft contrary to section 301 and 272 of the
Penal Code Chapter 87 of the Laws of Zambia.
The theft involved electrical appliances.
Mwansa Sunkutu was discharged after witnesses in the matter failed to appear before the court to testify against the accused person.
The witnesses in the matter have never appeared before the court to testify since last year in June when Sunkutu was taken to court.
It is alleged that Sunkutu on June 11, 2013, with intent to steal, jointly and whilst acting together with other persons, did break and entered into Edgar Banda’s house and did steal 47 metres of extension cables and 5 by 60 amp MCB valued at K1,860.
When the matter came up for trial today before Magistrate Wendy Chibesakunda, the state applied that the matter be withdrawn under section 88(a) of the criminal procedure code (CPC) Cap 88 of the laws of Zambia.
Susan Naumann, who was the prosecutor in the matter, said the case had dragged for a long time without the witnesses in the matter appearing before court to testify despite having issued them with summons.
The magistrate granted the state’s application and discharged the accused person.