The Lusaka Magistrate Court has acquitted Gerald Musalale commonly known as ‘Seven Spirits’ after finding him not guilty on all three counts of trafficking in cocaine and marijuana.

This is a matter in which Musalale and four others namely; Shadreck Ngosa, Ivan Chileshe, Kelvin Banda and Anthony Saudi were jointly charged with three counts of trafficking in cocaine and marijuana.

The five were arrested in September last year following a raid on Chibolya, known to be Lusaka’s drug den, by a combined team of officers from the Drug Enforcement Commission and the Zambia Police.

In May this year, two witnesses; Shadreck Ngosa and Kelvin Banda who were jointly charged with Musalale, testified in his defence saying Musalale was innocently arrested as he was not using or found with any drugs on the day that DEC raided Chibolya.

“On September 27, around 21 hours, me and Anthony Saudi went to buy drugs in Chibolya near the Mosque while two others remained in the house. After buying the drugs, we took them to the house which is just one big room. Gerald came around 22:30 hours. When he came, others were asleep. Anthony Saudi and I were seated smoking cocaine. He didn’t say anything about us smoking. He asked if he could spend the night in the house and I showed him where to sleep since he was tired. I wouldn’t know if he saw the drugs since they were ours. The DEC came around 01 hours and when they came they picked everyone and there was no time to explain. The DEC found the drugs (cocaine, marijuana and diazepam) on the table. Otherwise Gerald Musalale was not involved,” one of the witnesses had narrated.

And delivering judgement, Wednesday, magistrate Brian Simachela said the evidence by the prosecution could not be admitted and relied upon because they failed to investigate the matter thoroughly.

“The evidence of the prosecutor in this matter cannot be admitted and relied upon as they have failed to investigate thoroughly before bringing him to court. The failure by the prosecution to investigate the matter thoroughly amounts to breach in natural justice. In light of the above, I find the accused person not guilty of the offence of trafficking Psychotropic substances and I dismiss all the three charges, acquit and set him at liberty forth with,” said Magistrate Simachela.