2 cops, businessmen in court for aggravated robbery

Two police officers and two Lusaka businessmen have been committed to the High court for trial in a matter where they are alleged to have stolen $55,000 belonging to a foreign national.

The four; Kennedy Kabwe, a 30 year-old police officer; Kayombo Mulemwa, a 43 year-old police officer; Jacob Prince Mukandi, a 36 year-old business man and Andy Wasamunu, 31 year-old businessman, are facing one count of agravated robbery.

Particulars of the offence allege that on September 24, 2018, the accused jointly and whilst acting together with other persons unknown did steal $55,000, the property of Manuea Chumporn Thanakrit, an Indian national.

At the time of the alleged theft, the four allegedly used actual bodily harm on the victim in order to get the said money.

Earlier when the matter came up before magistrate David Simusamba for explanation of the charge, Tuesday, a defence lawyer representing the third accused person, Keith Mweemba informed the court that his client’s properties among them a Toyota Hilux, two air tickets, an NRC, a wallet, ATM cards and a Techno phone among other things, were siezed by the police without a seizure notice.

He added that the police were fully aware that it was illegal to get an item from any person without issuing a seizure notice.

“The police got the motor vehicle with these items long after the purported offence when the brother to A3 went to take food for him at police cells. You must issue a legal document known as a seizure notice if you are seizing an item and the person to whom you are seizing is entitled to have a copy of that seizure notice,” he said.

He therefore applied for immediate release of his client’s properties.

In response, the state argued that the siezed properties were exhibits in the matter adding that giving them back to the accused person would be prejudicial to the case.

However, magistrate Simusamba granted the defence’s application in the absence of a siezure notice.

He however advised the defence to apply for an order for the properties to be returned.

At this point, the state informed the court that the Director of Public Prosecutions had issued instructions to commit the suspects to the High Court for trial.

Magistrate Simusamba then informed the suspects that they would be appearing in the High Court.

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