By Isaac Zulu
The Kapiri Mposhi Magistrate’s Court has acquitted three Zambians and two Mozambicans who were jointly charged with attempting to steal 24 bundles of copper cathodes destined for Mozambique due to insufficient evidence.
Before magistrate Anorld Kasongamulilo was Robert Lusenga 37, a businessman and resident of Masangano area in Ndola, Nelson Dos Santos 36 a driver and resident of Beira in Mozambique, Cephas David Banda 31, a businessman who resides in Riverside in Kitwe district, Balon Lombe Mumba 38, a businessman of Luanshya and Sergio Amando 30, a driver who is also a resident of Beira in Mozambique.
It is alleged that between 10 and 16 March, 2023, the five men, jointly and whilst acting together with others unknown in Kapiri Mposhi district of the Central Province; attempted to steal 24 bundles of copper cathodes contrary to the Laws of Zambia.
All the five accused persons pleaded not guilty to the charge.
During trial, the court heard that the accused persons, while in Kapiri Mposhi, attempted to steal 24 bundles of copper cathodes from two trucks that were being transported from Congo DR to Mozambique.
The transaction could not however, succeed as a named security officer, who was among the officers accompanying the trucks to escort them from Chilibombwe, raised alarm when he noticed that the drivers of the two trucks were communicating with someone who was in Congo DR and another person in Lusaka where the copper cathodes were to be offloaded.
Passing ruling on case on answer, magistrate Kasongamulilo observed that the prosecution team failed to bring the two trucks that were laden with copper cathodes before court, which he said should have been part of the exhibits in the case.
Magistrate Kasongamulilo also noted that the Police breached the law by disposing off the two trucks and copper.
The court noted that disposing of property suspected to have been involved in the commission of a crime is supposed to be done by the Court through issuance of a Court Order.
He also wondered why the security officer who is said to have raised alarm was not brought before Court to testify, adding that the prosecution instead brought a security officer who came with hearsay evidence in Court.
The magistrate said the prosecution evidence was discredited during defence, saying the prosecution team has failed to establish a prima facie case against the accused persons.
He said the evidence tendered before court so far cannot warrant a conviction by any tribunal.
Magistrate Kasongamulilo then acquitted the five men.
