FORMER African Boxing Union heavyweight champion Joseph ‘No Pressure’ Chingangu was yesterday convicted of theft and assault by a Lusaka magistrate.
However, Lusaka magistrate Felix Kaoma could not pass the sentence as the prosecutions applied to adjourn the matter in order to enable them produce evidence of Chingangu’s previous conviction as he was a second offender.
In this matter, Chingangu was charged with theft and assault contrary to the laws of Zambia.
Chingangu, 54, of Kafue on May 7, this year stole two suitcases containing clothes, altogether valued at K1,440 from a Toyota Noah registration number ABX 8294, the property of Marjory Mvula.
Chingangu is in the second count alleged to have assaulted Ken Khosa and occasioned him actual bodily harm.
The retired boxer was apprehended by Khosa with the help of a mob after he caught him stealing from the car and Chingangu bit him on the chest in a bid to escape.
Chingangu had sustained a cut on the left ear and was stitched all over his face and other parts of the body after he was clobbered by the mob.
Delivering judgment in the matter, magistrate Kaoma said it was not in dispute that Chingangu was in Libala area on May 7 this year between 02:00 and 03:00 hours.
He said it was also not in dispute that around the same time, Chingangu was beaten in the same area, left unconscious and was only picked by police officers who took him to Chilenje Hospital before he was referred to the University Teaching Hospital where he gained consciousness and was charged with the subject offences and later discharged.
Magistrate Kaoma said what was in dispute was whether Chingangu was the one who removed the suitcases from the vehicle, which he had to resolve.
He said two witnesses gave direct evidence on who removed the suitcases after they explained during trial that on the material day, they had just returned from UTH where they went to pick family friends who lost a baby.
It was heard that the two suitcases contained clothes of the deceased child while the other contained the clothes for the deceased child’s mother and for her mother in law.
The court said around 02:00 hours, the two witnesses heard noise outside and when they checked, they saw a huge man running with two suitcases and that was how Khosa went outside and apprehended him with the help from a mob.
Magistrate Kaoma said he did not have any reason to doubt the evidence of the witnesses especially that it bordered on a deceased child.
He said the witnesses had no reason to lie on a sacred matter involving a deceased child.
Magistrate Kaoma said he was satisfied that the prosecution proved that it was Chingangu who removed the suitcases from the vehicle and had intent to permanently deprive the owner.
He also said the prosecution proved that it was Chingangu who bit Khosa so as to free himself from the mob.
Magistrate Kaoma said he had no doubt that the only inescapable conclusion was that Chingangu wanted to deprive the owners of the items and convicted him on both counts.
Public prosecutor Memory Kaumba sought an adjournment to produce the previous conviction record.
Magistrate Kaoma adjourned the matter to Monday for the production of the previous conviction and sentencing.