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Local Courts

Four foreigners in the gold scam case were warned and cautioned for giving false information to a public servant



FOUR foreigners in the gold scam case have submitted in the Lusaka High Court that investigative wings warned and captioned them for allegedly giving false information to a public servant but from the time they were detained almost 10 days ago, they have not been formally charged.

The four, who were engaged as crew pilots for the seized private jet, have also complained that they have also not been taken to court, deeming the situation as an infringement on their rights.

They said this in an application before the Lusaka High Court in which they have applied for habeas corpus to that the court case assess the legality of their continued detention.

The four are Ali Abdulla Ali Al-Safi, a Saint Kitts and Nevis national resident in Egypt, Noha Salaheldin Aly Nadim, an Egyptian, David De La Cruz Castilla, a Spaniard national and Teunis De Mooij, a Spaniard.

According to court documents, the quartet is scheduled to appear before the Lusaka High Court for hearing of their application for habeas corpus after a Judge granted them an ex-parte application ordering the police to immediately take them to court for hearing of their application.

Through their lawyers, the four foreigners, have submitted in the High Court that they were engaged as a crew pilots in-flight service attendants by Flying Group Middle East FZCO, the operations and management company that runs the Bambardier Global XRS, serial No SN9159 and registration No. T7-WSS.

They say that on August 14, 2023, DEC officers and other investigators detained them at the Kenneth Kaunda International Airport (KKIA) on suspicion of, among others, money laundering.

They contend that their detention was on unfounded grounds.

Upon hearing of their detention at the KKIA, Flying Group Middle East FZCO engaged lawyers, Lungu Simwanza and Company and Andrew Musukwa and Company, to represent them.

They submit that on August 14 and 15, despite their numerous protests, the four were denied access to their lawyers and vice versa.

They complain that they were not provided access to basics like food and water at Chelstone police station where they are currently detained.

The four state that they were only allowed access to their lawyers last week Wednesday after being transported to the National Command Center, in Lusaka’s Sikanze Police Camp where they were held from 09:00hours to 23:00hours before being warned and cautioned for allegedly giving false information to a public servant.

They submit that the offence they were cautioned for is purportedly contrary to section 106(a) of the Penal Code Chapter 87 of the Laws of Zambia but argue that the section is non-existent as it has been repealed.

The four submit that investigators informed them that they cannot be released on bond until further notice because investigations are yet to be concluded.

Mr Al-Safi and others have accused the police at Chelstone of abusing their powers by declining to grant them bond considering that they have neither been changed nor taken to court from the time they were detained.

(Mwebantu, Wednesday, 23rd August, 2023)


Pastor guilty of defilement 



THE Lusaka Magistrate’s Court has found a Presbytery Church pastor guilty of defiling his granddaughter aged 11.

Magistrate Mutinta Mwenya convicted Allan Muchulu yesterday and committed him to the High Court for sentencing.

In this matter Allan Muchulu, of Lusaka’s Meanwood, is charged with defilement of a child.

The defilement of the child took place  in March last year, in Meanwood.

And during trial, the girl narrated before a magistrate that the cleric had sex with her several times and would go to her bedroom in the night when she is not menstruating.

The accused pleaded not guilty and the State called several witnesses to testify against him for allegedly defiling the granddaughter of his brother-in-law.

During trial, the court heard that the victim, who is a double orphan, was being kept by Muchulu and his wife, who is the victim’s grandmother.

The court also heard that owing to alleged politics in Mrs Muchulu’s family, the pastor was allegedly implicated in the crime.

Lusaka resident magistrate Mutinta Mwenya later found Muchulu with a case to answer and placed him on defence.

In defence, Muchulu denied sexually abusing the minor, whom he described as a pathological liar.

The cleric also claimed that his wife’s relatives framed him.

“I stand here very surprised and shocked that I could have committed such a thing. I believe I have been framed because it is very juicy to hear what is happening about a pastor. As far as I know, I did not do what they are alleging I have done,” Muchulu said.

But during cross-examination by public prosecutor Malama Chisenga, Muchulu described the victim as a pathological liar.

“Are you a doctor to confirm that she is a pathological liar?” Ms Chisenga asked, as the accused said “no”.

And in her judgment, magistrate Mwenya said  Muchulu’s defence and accusation of the victim of being a liar was an afterthought.

“I find it an afterthought for the defence to tarnish the image or character of the victim that she is a liar to merely evade the wheels of justice as this could have been raised in cross examination of the prosecution witness,” she said.

The court pronounced the clergyman guilty of the offence because allegations were proved against him.

Magistrate Mwenya further ruled out possibility of false implication and that she believed the testimony of the victim, who struggled to open up as during trial as she looked sad, distressed and disturbed.

(Mwebantu, Tuesday, 28th November, 2023)

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Local Courts

Decomposed body of a man discovered at old leopards hill cemetery in Lusaka, police say



THE body of an unidentified man has been discovered in a decomposed state at old leopards hill cemetery in Lusaka.

The man aged between 35 and 38 years old was found covered in a bedsheet laying facedown and it is believed he had been spending nights there.

Police spokesperson Rae Hamoonga said the body was discovered by a grave digger.

He said that a report of murder has since been recorded into the matter.

“A report of murder from a grave digger at old leopard cemetery of Bauleni township of unknown house number has been recorded by police. He reported that he and his colleagues found a dead body of a male person in the grave yard in old leopard cemetery,” he said.

He said the scene was visited and police confirmed the body was of a male unidentified person aged between 35 and 38.

Mr Hamoonga said the deceased was found next to a tombstone laying facing downwards with a bed sheet and wore a blue T-shirt written five bellow and blue jeans .

“From the bed sheet it was evident the deceased was spending nights there. No one came through to identify the body and the body was decomposed. As such it was buried in a shallow grave at old leopard cemetery awaiting exhumation to ascertain the actual cause of death,” he said.

(Mwebantu, Saturday, 25th November, 2023)

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Local Courts

Simon Chitambala likens journalists to Zombies



WHILE leaving the Lusaka Magistrate’s Court after being found with a case to answer for maliciously deflating tyres on a public bus, vlogger Simon Mwewa Chitambala likened journalists who were filming him to Zombies.

Mr Chitambala, clad in his usual reflector, wondered why the reporters, who he assumed could be vloggers like him, were just filming him without asking anything.

“At least talk to me guys, ok, do you want me to be silent…you guys are vloggers…guys, you look like Zombies, talk to me atleast, so, which organization are you,” Mr Chitambala, who wore a face mask, asked as the unrelenting and mute scribes who continued filming him as he walked in the hallway.

Earlier in court, Mr Chitambala was found with a case to answer for allegedly deflating two tyres of a public bus parked near his property.

In this case, he is charged with malicious damage to property, an offence he denied committing before magistrate Fine Mayambu,

The court had heard from a driver that Mr Chitambala used a knife to deflate size R15 tyres on his bus parked near Simoson Building, which belongs to the accused.
The complainant, Ricky Nyimbili, testified that the bus was parked in a queue since it loads from City Market, near Simoson building.

And James Lungu, an arresting officer, also testified that in June this year, he was assigned to investigate a malicious damage to property case where Mr Nyimbili reported that while he was driving a Toyota Hiace, he later parked it on Kalusha Bwalya Road, waiting for his turn to load passengers.

“While parked, he saw a known person to him, Mr Chitambala deflating two tyres on his car and the same Mr Chitambala just left without saying anything,” Mr Lungu said.
He said Mr Nyimbili later reported the case to police and on June 5, 2023, the Mr Lungu summoned Chitambala and interviewed him in connection with the allegations.

The officer said Mr Chitambala contended that he never deflated the tyres from the car parked on Kalusha Bwalya Road but the one on Simon Mwewa Lane which obstructed the road.

But during examination, Mr Chitambala, who has no lawyer, asked Mr Lungu if he had written evidence showing that he admitted deflating tyres.

The police officer said it was verbal.
“You expect the court to believe that you can make that statement without having recorded it?” Chitambala asked.

The court later found the accused with a case to answer and placed him on defence.
The accused, however, said he would remain silent in his defence.

Judgement will be passed on December 28 this year as date for judgement.

(Mwebantu, Friday, 24th November, 2023)

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