Defence lawyers in a case in which a Lusaka resident allegedly stole ADD president Charles Milupi’s maize have applied to have the matter transferred to Nkeyema district saying that is where the offence was committed.
And Hendricks Nyambe’s arresting officer inspector Dennis Mano of Kabwata police station has asked the Lusaka Magistrates’ Court to revoke the Nyambe’s police bond on account that his life is danger after the accused allegedly threatened to kill him.
But magistrate Nsunge Chanda granted Nyambe a K30,000 cash bail with three working sureties bound at K50,000 each in their own recognizance.
In this matter, it is alleged that Nyambe, on March 7, 2018 in Nkeyema district did steal 312,040 kilograms of white maize valued at K656,040.
However when the matter came up, Wednesday, Nyambe, 41, pleaded not guilty to the charge of theft.
Nyambe’s lawyers made an application that the matter be transferred to Nkeyema district on grounds that there would be no fair trial in Lusaka.
“Before this plea is taken, I have an application to make. I have taken a look at the indictment which is showing that the accused committed the offence in Nkeyema district. Having noted what the CPC says, the area of trial should be Nkeyema and if it has no court it should be trialed in Kaoma. On grounds that there will be no fair trial in Lusaka,” they said.
Nyambe’s lawyers added that the High court had powers to transfer the matter to the area of jurisdiction where the accused would have an impartial trial.
Meanwhile, a witness identified as Dennis Mano, a detective inspector at Kabwata police station, also an arresting officer, made an application to revoke Nyambe’s police bond on account that his life was in danger.
“I received a complaint in Lusaka and arrested the accused person from Lusaka. All the witnesses are in Lusaka and all the stolen items where stored in Lusaka. On behalf of Zambia police I’m making an application to revoke the police bond issued on the accused person. My life is in danger. On Monday May 21, Mr Hendricks Nyambe came to my office and told me that ‘I’m going to sort and kill you. You will not last long’. He pointed a finger at me and told me that you are an idiot I’m going to sort you out within 48 hours,” he narrated.
However, Nyambe’s lawyers argued that the arresting officer just had issues with the accused.
“The arresting officer before you has big issues with our client. The threats which are mentioned is a way against our client. Our client told us that on that particular say he had gone to extend the police bond. To say that his life is in danger is not true. In fact our client is the one in danger having caused the arresting officer to be arrested by the Anti Corruption Commission. It is because of that that revenge is coming before this court to have our client put in custody. Even the threats should be measured by the health of the accused, he is sick,” he said.
And another defence lawyer urged the court not to entertain the application saying it was shrouded with emotions.
And passing judgement, magistrate Chanda granted Nyambe a K30,000 cash bail with three working sureties of any persons bound at K50,000 each in their own recognizance.
“Having studied the application to have the bond revoked, I have considered the application and reply and all the arguments. Instead the court will enhance the conditions and grant the accused K30,000 cash bail with three working sureties at K50,000 in their own recognizance. The sureties can be any person,” said Magistrate Chanda.
Magistrate Chanda adjourned the matter to May 24 for reply to the defence’s application.