Chiluba Jr Asks Court To Acquit Him Of Cellphone Theft Charge

FREDERICK Chiluba junior has asked the Lusaka Magistrates’ Court to acquit him of theft of a cell phone saying the mere allegation that he confessed trading it with drugs is not enough to establish the elements of the offence.

Lusaka magistrate Nthandose Chabala has set February 23 for ruling on whether Frederick has a case to answer. It is alleged that Frederick stole a cell phone worth K8,500 from Brenda Chisha, a family friend, on September 2, 2017.

According to submissions by Frederick’s lawyer Chola Musonda filed in court, the accused has urged the court to acquit him because the prosecution had not established a case against him.

“The mere allegation by the prosecution that the accused confessed to have traded the phone with drugs in Chibolya is not cogent enough to establish the aforesaid elements of the alleged offence. The State should have substantiated the allegation by calling the person with whom the accused allegedly traded as a witness or tendering before court the alleged confession statement if it was ever made,” Frederick said.

He further submitted that the shortcomings in the prosecution’s evidence should weigh in his favour.

“Therefore, the defence submits that had the prosecution placed the evidence from the alleged drug trader or the alleged confession statement before court, the same would have been favourable to the accused…Where evidence available only to the police is not placed before the court, it must be assumed that had it been produced, it would have been favourable to the accused,” Frederick submitted.

He added that the prosecution failed to establish all the elements of the offence as there were inconsistencies in the prosecution evidence which tainted the credibility and truthfulness of the witnesses.

Frederick added that the dereliction of duty on the part of the arresting officer prejudiced him and that as such the evidence before court was unreliable.

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