Isaac Zulu in Kapiri Mposhi
A 52-year-old police officer at Kapiri Mposhi Police Station has been sentenced to two years imprisonment for aiding a prisoner to escape.
Appearing before Kapiri Mposhi Magistrate Edward Banda was Willa Simbaya, a Police Inspector, charged with an offence of aiding a prisoner contrary to Section 120 (a) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that on 11th February 2022 being a police officer, Simbaya helped a prisoner namely Allan Mayaka, 27, appearing before court facing two counts of assault, to escape from lawful custody after receiving a monetary bribe of K 1,500.
In this matter, Inspector Simbaya, of Kapiri Mposhi Police Camp, pleaded not guilty to the charge prompting the case to proceed to trial after which the now convict was found guilty on Thursday.
During trial the father to the prisoner who escaped, Frank Mayaka, testified as a state witness and narrated how Inspector Simbaya solicited for K 3,000 from him to assist his son to be released.
Mayaka however narrated that he could only manage to secure K 1,500 which Inspector Simbaya received from him at Kapiri Mposhi Magistrates court premises on 10th February 2022 after his son was sentenced to imprisonment.
Mayaka further told the court that his son was later on 11th February 2022 released from Kapiri Mposhi Police holding cells where he was held before being conveyed to a prison facility after he was found guilty on the two counts of assault which he was to serve 12 and 48 months respectively.
In mitigation, Inspector Simbaya who has served the Zambia Police for 24 years regretted his action begging the court not to send him to jail as he had four children who would suffer if he was sent to prison.
But in passing judgement Magistrate Banda noted that the offence Inspector Simbaya had committed was very serious and attracted a maximum of seven years custodial sentence.
Magistrate Banda noted that as a custody officer Inspector Simbaya abused his powers by releasing a suspect whom he was supposed to secure.
He then sentenced Simbaya to two years imprisonment with hard labour.
Meanwhile, another police officer is appearing before Kapiri Mposhi Resident Magistrate Arnold Kasongamulilo for aiding a prisoner to escape.
Constable Steven Mwaba, 35, of House number 33 Kapiri Mposhi Police Camp is on September 15, 2022 accused aiding a prisoner namely Humphrey Chanda, 25, to escape from lawful custody at Kapiri Mposhi Police Station.
Constable Mwaba has pleaded not guilty to the charge and has since applied to engage legal representation.
Magistrate Kasongamulilo has adjourned the matter to 21 November 2022 for commencement of trial.
Constable Mwaba has been granted bail with two working sureties in their own recognizance of K 15,000 and K 10,000 respectively.
