By Agness Changala
A Coroner has ordered for the arrest of three Nyimba based police officers after they were found guilty of causing the death of a 32-year-old man who was in police custody.
A coroner is an official who holds inquests into violent, sudden or suspicious deaths.
The trio is accused of taking turns to beat the suspect with
short buttons while he was crying in full view of the wife.
Chipata coroner Felix Kaoma who sat in Nyimba found that Acklass Zulu died in a violent or unnatural circumstances.
He said there being evidence of assault on Zulu, the persons who appear to share in the blame for his death are Charles Phiri, Simeon Mwanza and Clive Museka all of Nyimba Police Station.
“And now I Felix Kaoma the coroner for the Chipata district finds that the deceased AKlaus Zulu died on 12th March, 2023 as a result of violence on his person while in lawful custody of Nyimba police station. In the premise, I find evidence connecting Constable Charles Phiri, Constable Simon Mwanza and Constable Clive Museka all of Nyimba Police Station and I accordingly direct that the same be arrested and charged with the offence of manslaughter contrary to section 199 of the Penal Code Chapter 87 of the Laws of Zambia and I direct accordingly,” read the verdict in part.
According to the verdict, before Zulu died, he was in good health and did not complain of any sickness to his wife or person close to him.
However, his wife was the first to be picked up by a police officer she identified during the inquest to be one of the witnesses in jeopardy and was detained in police cells in connection with a stolen phone.
Coroner Kaoma said the wife’s phone was used to corner the deceased and he was subsequently apprehended by the same officer and two others she also identified during the inquest.
He said according to the wife, when the deceased was brought to the police, he was taken to the CID (Criminal Investigation Department) office where they took turns beating him using short buttons.
Coroner Kaoma said the wife was later released while the late was taken in the cells.
He said two of the witnesses who were in the cells at the time, confirmed to have heard a person crying from the offices.
“The person was subsequently brought by the cell door and one of them was asked to lift him into the cell and he did so. The person was identified as the now deceased,” Coroner Kaoma said.
He added that the deceased continued crying while in cells until his voice started diminishing and eventually he passed out.
Coroner Kaoma said the inmates called officers who took him out.
He said both witnesses alluded to the fact that the deceased said he would not reach the following day.
The corner said he asked for Panadol and water and after being given, he failed to drink it and met his fate between 20 hours and 21 hours on the way to the hospital from the police cells.
Coroner Kaoma said the deceased’s body was positively identified by his brother Joseph Ngulube on March 15, after the first postmortem was conducted.
He said although the medical doctor who conducted the first postmortem failed to ascertain the cause of the deceased’s death, he observed external injuries recorded as ecchymosis on the lower limb under the knee and from the knee up to the hip bone as well as on the left lower limb.
He also observed bruises on the upper chest clavicle region.
Coroner Kaoma said another autopsy which was conducted by Dr. Victor Telendiy, a state forensic pathologist who conducted the examination on 14th July 2023 after exhuming the body of Zulu, stated that the cause of death was intracranial hemorrhage which is bleeding within the skull.
He said he could also not determine the manner of death owing to passage of time since the autopsy was carried out after four months.
“Notwithstanding, going by the evidence of deceased’s wife which was firstly the health of the deceased at the time of the arrest, secondly assault on his person and dying just about 3 to 4 hours from the assault coupled with the evidence of the 2 witnesses who were in cells at the time he was taken in cell, his death cannot be said by any stretch of imagination to be natural,” said Coroner Kaoma. “Consequently, notwithstanding that the medical evidence could not ascertain the manner of death, there being no opportunity for a novus actus intervention, I have come to the conclusion that Acklass Zulu the deceased herein aged 32 years died of non-natural causes.
