Magistrate puts man accused of stealing from Judge Nkonde on his defense

The Lusaka Magistrates’ Court has found a Kalinganga man with a case to answer in a matter he is accused of breaking into High Court judge Sunday Nkonde’s house and stealing property worth over K55,000.

Afelo Banda, who is charged with one count of burglary and theft, is set to open on January 29.

It is alleged that on July 18 this year in Lusaka, Banda with intent to steal, broke and entered into the dwelling house of Sunday Bwalya Nkonde, and stole from there K20,000 cash, a judiciary HP laptop Note Book by make valued at K8,000, three wrist watches worth US$2,700, two blue De channel perfumes valued at US$200 and a set of Wahl deluxe shaving kit valued at K550, all together valued at K55,594, property of Sunday Bwalya Nkonde.

He had pleaded not guilty.

Earlier, when the matter came up for continued trial before Chief resident magistrate Lameck Mwale, Monday, a State witness Muzingwaose Ngulube, 36, testified that Banda’s Airtel Mobile Money accounts had multiple transactions involving various amounts of money.

Ngulube, a Head of Complaince Airtel Mobile Money, narrated that on October 16, last year, he was approached by a police officer from Longacres Police Post requesting for Banda’s Airtel Money transactions to assist with investigations.

“They requested us to produce Airtel money transaction statements for the month of July 2019 concerning a Mr Afelo Banda. We obtained the mobile numbers provided and extracted the statements for two accounts that were presented. We then provided those to the officers,” the witness said.

“Our findings were that, there were some transactions which showed that some money had been deposited and some withdrawn, while other monies were transfered to another account. The smallest amount being K90 and highest K8,000.”

He said he generated the two statements which showed transactions between July 15 and 20, last year.

Ngulube explained that Banda’s account with the number 0974***, showed a transfer of K20 to account number 0977***.

He said it also showed that there were two deposits on July 19, 2019 of K8,200 and K1,100.

Ngulube said on July 20, K3,000 was withdrawn from the account.

He said another account also held by Banda, 0975***, also showed numerious transactions between the same dates.

“There were two withdraws on July 15 and 16, 2019. There was also another cash out on July 18 and two cash outs on July 20. The first one was K200, second K250, third K200, forth K4,500 and fifth K4,500. In terms of money that came into the account, on July 19 there were four deposits, the first one K7,000, next K1,000, then K100 and last K90,” Ngulube said.

In cross examination, Banda said he had no questions for the witness as he had already explained the transactions to an Airtel agent.

But magistrate Mwale wondered why he had no questions.

He advised the accused to take the opportunity given for cross examination very seriously, saying burglary and theft carried a maximum of 10 years.

“This is not a small issue. You can’t just say I have no questions,” magistrate Mwale said.

Banda then asked the State witness in whose names the account number 0977*** was held.

In response, the witness said he didn’t have the name.

At this point, the State informed the court that it was closing it’s case.

Magistrate Mwale said he had carefully perused through the evidence in the matter, and found that a prima facie case had been established to warrant the court to put the accused on his defence.

After he was put on his defence, Banda informed the court and he would give sworn evidence and would further call two witnesses.

The matter comes up on January 29, for Banda’s defence.




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