A 23 year old man acquitted

The Chipata Magistrates Court this morning acquitted a 23 year old man of Chipata Motel, who was charged with one count of being in possession of breaking instruments.

Lottie Phiri, was charged with one count of being in possession of breaking instruments contrary to the laws of Zambia.

Phiri, is alleged to have been found with two iron bars, two machetes, a head sock and pepper spray at his house.

The prosecution called four witnesses while Phiri called one witness when he was put on defense.

One of the witnesses, George Kamboyi, said officers started investigating Phiri after the Anglican Church was robbed last year.

Kamboyi said officers went to search Phiri’s house and found the breaking instruments.

In his defense, Phiri said on August 3rd 2016, seven police officers pepper sprayed him before, apprehending him on suspicion that he had a gun, which he was using in robberies.

He said the officers took him to Chipata Central Police Station, where they beat him up and later went to search his house.

Phiri said the instruments that the officers found at his house were used for construction works at his plot, but denied that he was found with pepper spray and head sock.

In her judgement, Principal Resident Magistrate, Jennifer Bwalya, said there was no sufficient evidence to show that the items were used for breaking into houses, as the police did not try to open any house using the said instruments.

Magistrate Bwalya said prosecution witness number one, two and four did not dispute the accused evidence that he explained to them over the use of the instruments.

She said the state failed to establish a case against the accused and acquitted him.

Phiri was represented by Hibajene Mulunda from LML Chambers and Phanwell Namangala from PNP Advocacy.

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