Kamfinsa Wardens Beat Us Daily, Complain Tokota Boys

NINETEEN suspected Tokota boys have complained before a Kitwe magistrate of being subjected to brutality at Kamfinsa Prisons.

An18-year-old, Davide Katebe (20), Lucky Mwaba (20), Wisdom Chibwe (20), Bill Mulenga (20), Moses Chilambu (21), Boniface Lubansa (21), Prince Chikumbi (20), Richard Siame (20), Lazarus Zulu (21), Kingsley N’gona (24), Abraham Sikazwe (22), Teddy Chilufya (20), Benard Chirwa (25), Sydney Kasasa (20), Doctor Simwimba (34), Mills Mwaba (28), Trust Sinkala (19) and a 15-year old, all of Kitwe, are charged with acts intended to cause grievous harm contrary to the Laws of Zambia.

Allegations are that on April 30, 2018, in Kitwe, the 19 accused, jointly and whilst acting together with intent to maim, injure or disfigure did cause grievous harm to Cuthbert Nkonde.

And in count two, the nineteen accused persons are charged with unlawful wounding and poisoning contrary to the Laws of Zambia. Allegations are that on April 30, 2018, in Kitwe, jointly and whilst acting together with intent to injure or annoy, all 19 accused persons caused Cuthbert to eat his faecal matter.

And in count three, they are charged with kidnapping or abducting in order to subject a person to grievous harm contrary to the Laws of Zambia.

Allegations are that on April 30, 2018, in Kitwe, the accused while acting together kidnapped Cuthbert in order to put him in danger and to subject him to grievous harm.

Appearing before chief resident magistrate Yvonne Nalomba for a mention, the accused told the court that the prison wardens had been beating them up since the day they were taken to the facility.

One of the accused persons said when beaten up, they were denied access to medicine such as painkillers because they were suspected of being the Tokota boys.

He said they feared for their lives as they were not being protected but harmed by the warders at Kamfinsa Prisons.

“We do not know if the law allows inmates to be beaten, but we are always beaten up. Whenever we come here for court proceedings and taken back, they beat us badly. Some of us are even not hearing properly and blood is coming out of them (ears) because of the beatings. It’s too much and we’re scared because we have been isolated before the instructions from the DPP are even presented,” one of the accused told the court.

Magistrate Nalomba said no inmate was supposed to be subjected to any torture or beating whilst in prison.

She has since instructed the State to investigate and bring a report of the complaints presented in court by the accused persons.

“I want a comprehensive report from you the State in our next sitting. I want to know why they are being beaten up as alleged because they are not supposed to be subjected to such treatment,” magistrate Nalomba said.

The 19 suspected Tokota boys are to appear before the court on July 9, 2018 for instructions from the Director of Public Prosecutions.

And in the same group, a 15-year-old juvenile is charged with assault contrary to the laws.

Allegations are that the juvenile on April 29, 2018 assaulted Gift Mwale, 23.

Appearing before magistrate Nalomba for trial, the boy, in his deffence, denied having beaten up Mwale saying he was “always in school”.

He told the court that he is a grade ten pupil at Malela Secondary School and also a member of a mathematics club who always knocked off at 17:00 hours.

The boy told the court that he had never seen Mwale (complainant) before and that police officers had wrongfully accused him of the offence.

He said in order to prove that he was a pupil, the state could go to his school and ask for the school records.

“I don’t have time to play with my friends because I am a member of the maths club at my school. And when police found me home sweeping my mother’s house, I have never seen this man they are accusing me of beating him up,” he said.

And Mwale, a taxi driver, told the court that on April 29 in Kitwe, he was attacked at Total Filling station located on Independence Avenue by the 15-year-old boy and his friends who emerged after he gave a chase to the boy who had slapped him.

He told court that it was around 19:00 hours when he went to a service station that was across Edinburgh Hotel and as he was refueling his vehicle, he saw his friends whom he decided to give a lift.

Mwale said as he drove away from the service station, he was approached by the boy who demanded a fee for picking people from the service station.

He said that he refused to pay as he had not picked customers but his friends whom he had just offered a lift.

Mwale said an argument arose and that he was slapped by the boy who later walked away.

He said he followed the boy and asked him why he slapped him but a group of boys emerged from nowhere and started beating him up.

The complainant said the boys later run away and that he went to the hospital where he was treated and referred to Central police station.

“He slapped me and when I started following him, his friends emerged, they started kicking me and beating me up. I was only saved by my friends whom I had picked and by some wellwishers,” he narrated.

And detective Charlse Muyambango of Kitwe Central Police station said on May 8, he was instructed to call a parade where fourteen of the suspected Tokota boys were called to parade.

He said the parade consisted of a witness who identified number fourteen as being the person who assaulted him and that the parade was later called off.

And constable Chewe Chikwanda told the court that he was assigned to conduct an investigation involving a case in which Mwale complained that he had been assaulted by a group of people.

He said he opened a docket and decided to interview the juvenile who denied having been part of the group.

Chikwanda told the court that after interviewing the juvenile, he decided to charge and arrest him for the offence of assault.

Magistrate Nalomba set July 9 for judgment.

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