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Court acquits UPND memberBy Diggers Reporter on 9 Jan 2018
Lusaka magistrate Nthandose Chabala has acquitted a UPND member who was accused of being behind the ‘Free HH’ graffiti at Government Complex.
Mwanakatwe Sikasula was facing a charge of idle and disorderly conduct.
Ruling on case to answer, Magistrate Chabala said the prosecution had failed to prove the case against him to warrant being put on defense.
“It appears the prosecution failed to make a case against the accused. I dismiss the case. Mwanakatwe Sikasula you are hereby acquitted forthwith,” said magistrate Chabala.
Magistrate Chabala also said it was unfortunate that Sikasula was arrested without thorough investigations as such there was dereliction of duty by the arresting officer.
An arresting officer Amos Kashitu had testified that no handwriting samples were taken from the accused to prove if the handwriting matched the one on the graffiti.
And Kashiti said there was a possibility that the words could have been written by someone else because Government Complex is a public place.
All the five prosecution witnesses said they never saw the Sikasula writting the actual words in the ablution block on the fifth floor.
Another witness, a cleaner, said she did not see the accused conducting himself in a manner likely to cause the breach of peace although cleaners are the ones who started screaming upon seeing the accused.
Sikasula was being represented by lawyers Keith Mweemba, Zevyanji Sinkala and Mulambo Haimbe who discredited the prosecutions evidence resulting in an acquittal.
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