By Isaac Zulu
Kapiri Mposhi Magistrate Jammy Mukumbi has ordered that a man standing trial before him, be subjected to mental medical examination owing to his failure to differentiate the plea of guilty or not guilty.
Before magistrate Mukumbi was Sam Mtambo, 25, of Lukomba area in Kapiri Mposhi district, who stands charged with one count of assault occasioning actual bodily harm contrary to the Laws of Zambia.
It is alleged that on November 13, 2023 Mtambo allegedly assaulted Jane Njovu thereby causing her actual bodily harm contrary to the Laws of Zambia.
When the matter came up for plea, Mtambo failed to plead guilty or not guilty to the subject offence, but instead, said he was not able to comprehend what was being explained to him because he had a mental illness, which he said makes him forget what he is doing.
After seeking further clarification on the matter, the mother of the accused produced documentation to show that Mtambo is on mental drugs.
At this juncture, magistrate Mukumbi said that he will have to refer to what the law says regarding the matter.
He later invoked the provisions of Section 17 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, and ordered that Mtambo should be taken to Chainama Hospital for mental medical examination in order to ascertain his mental status.
Magistrate Mukumbi further revoked the police bond for Mtambo, saying the accused person has to remain in police custody until his mental health is ascertained.
He also said that it is now a responsibility of the Zambia Police to ensure that Mtambo is ferried to Chainama Hospital in Lusaka for mental medical examination.
The matter comes up on January 3, 2024.
