Chingola men jailed for stealing a cellphone & K19 cash

Judge Mallet; Hammer
Judge Mallet; Hammer

KITWE High Court judge Chilombo Phiri has sentenced two Chingola men to 15 years imprisonment each with hard labour for attacking a man and robbing him of a cellphone and K19 cash.
Mrs Justice Phiri in passing judgment in the case against Dennis Zulu and Richard Bwalya, observed that the state had proved its case beyond any reasonable doubt.

This is in a case in which Zulu and Bwalya were jointly charged with aggravated robbery, contrary to section 294 (1) of the Penal Code, cap 87 of the laws of Zambia.
It was alleged that the two, on March 6, this year, in Chingola, jointly and whilst acting together with another unknown person, stole a cellphone, K19 cash, and a pair of shoes from Dickson Lungu.

The duo allegedly threatened to use or actually used violence in their act. They both denied the charge.
During trial, Andrew Chanda, the first witness, told the court that on the material night, he was awakened by screams outside his house by a man shouting for help.

Mr Chanda chased the assailants and apprehended the two and in the process of struggling with them, his neighbour assisted him to ensure they did not run away.
At that point, Zulu, the first accused, surrendered a cellphone and asked to be released, but Mr Chanda and his helper decided to report the matter to the police.

And Luckson Kumpaula testified that he found Mr Chanda struggling with two men who had allegedly attacked a man.
But delivering judgment in the matter, Mrs Justice Phiri observed that it is not in dispute that Mr Lungu, the complainant in the matter, was attacked and assaulted on March 6, this year, and sustained a swollen head and bruises.

She said it was also not in dispute that a phone, shoes and money were stolen from Mr Lungu, and that a phone was recovered from Zulu, while money was recovered from Bwalya.
She dismissed the duo’s defence that they were only trying to rescue Mr Lungu from a young man called Rick Ross who was allegedly the assailant.
She accepted the evidence of the first prosecution witness which she described as credible.

In mitigation, the two asked for leniency, saying they are youths and first offenders.
Mrs Justice Phiri said it was sad that the two young men would spend most of their youthful years in prison.
She sentenced each of them to 15 years imprisonment with hard labour with effect from their date of arrest.