THE Lusaka Magistrate’s Court dismissed a bail application by a businessman who was recently sued for allegedly defaming the Deputy Inspector General of Police and is now charged with theft of a tractor by another complainant.

Lusaka chief resident magistrate Davies Chibwili denied Floyd Malembeka bail because he is wanted by police in Kalomo for other criminal allegations.

Barely two months ago, Deputy Inspector General of Police-operations Milner Muyambango sued Malembeka in the Lusaka High Court demanding damages for defamation of character.

Mr Muyambango submitted that Malembeka defamed him by accusing him of issuing threats over his life after a foiled agreement for the purchase of a Massey Ferguson tractor.

He submitted that he had made 50 percent down payment to Malembeka for the tractor but in breach of the oral agreement, the defendant only released the tractor and plough without a trailer.

It was later discovered that the tractor belonged to Amarat Afghan Investment Limited and not Malembeka, who later accused Mr Muyambango of trying to threaten him using his position.

Unhappy with the allegaitons, Mr Muyambango then sued Malembeka for defamation.

But in the latest case, Malembeka appeared before Lusaka Magistrate’s Court in connection with allegaitons of stealing tractors.

He has been charged with six counts of forgery, theft by agent and uttering false documents.

It is alleged that between August 10 and November 30, 2020, the accused, with intent to deceive, forged a signature on cheques number 00020, 00018 and 00019 drawn on Interfertilizer Commodities Exchange Limited dated November 24, 2022.

He purported that the cheques were issued by Richard Malembeka, when in fact not.

It is alleged that he later uttered the same cheques, believed to be forged, to Amarat Afghan Investment Limited director Asef Muhammad.

Further, it is alleged that between the dates earlier mentioned, Malembeka stole four Massey Ferguson tractors worth K2.4million entrusted to him by Amarat Afghan Investment Limited to sell and return the proceeds.

When the case came up last week, the accused denied the charges before his lawyers applied for bail, which the State objected.

A police officer told the court the accused is also wanted in Kalomo, Southern Province where police officers had difficulties locating him.

The State urged the court not to entertain the bail application since it had been established that tracing Malembeka was difficult.

Trial starts on May 27,2024.

(Mwebantu, Monday, May, 13th, 2024)

A WITNESS told a magistrate that the two male student nurses who were recently arrested for unnatural offenses were found touching each other’s private part.

Jeremiah Mwelwa, a barman, testified that this in a toilet at a bar where he operates from within Lusaka.

Mr Mwelwa said this was after he was alerted that the two youths had been seen in the lavatory in a compromising act.

This is in a matter Brighton Banda, 25, of Avondale and Darius Musukwa, 20 of Kamwala South are charged with unnatural offences.

They pleaded not guilty to the allegations before magistrate Amy Chilangwa.

It is alleged in count one are that on February 24 this year, Banda had carnal knowledge of Musukwa against the order of nature.

In count two, it is alleged that Musukwa had carnal knowledge of Banda against the order of nature.

The court heard during trial that on that day, Me Mwelwa was at work around 16:00hours when Banda arrived the bar to have a drink.

The accused bought a coke and went outside.

“After a few minutes, A man and woman came, a couple, came in and later came outside the bar. I then went to check on Banda whom I found with a friend, Musukwa.

“I asked if they wanted anything. They said no,” Mr Mwelwa said.

He said the man who earlier arrived with a woman went outside the bar since he had a headache.

“That man then told me that the two men were not there [outside] and said they might be in the toilet and I should check because he had seen them fondling each other’s private part.

“When I went to check, I found the toilet locked and a man answered that he was peeing. That man told me he saw them folding each other’s manhood,” he narrated.

(Mwebantu, Monday, May 13th, 2024)

PRECIOUS Nkunika, the judiciary stores officer who was jailed five years on Tuesday for stealing a baby at University Teaching Hospitals(UTH) has appealed against the jail term.

Ms Nkunika, 28, has filed the appeal together with her mother , Grace Siska, who was given a lesser two year jail term for harbouring the stolen baby.

Ms Nkunika and her mother argue that the Lusaka Magistrate’s Court erred in law and fact when it jailed them.

In their notice of appeal against the judgement, they argue that the learned magistrate, Crispin Hampungani, erred in law and in fact when he found that Siska harboured Ms Banda’s baby when there was no such evidence before the court.

The appallents further argue that the magistrate erred in law and in fact when he relied on uncorroborated and discredited testimony of a single identifying witness that Nkunika is the one who received the baby from D-Block.

“The learned trial magistrate erred in law and in fact when he held that people are now afraid to give birth in hospitals because they are afraid that their children will be stolen as the basis of passing long sentences when there was no such evidence before the court,” the notice reads.

They submit in their eight grounds of appeal that the magistrate when he convicted Nkunika of child stealing when no witness saw her stealing the said child.

They further submit that the learned trial magistrate erred in law and in fact when it held that the baby in question belonged to Madalitso Banda when there was no evidence before the court to prove that the said child belonged to, or was ever in the custody of Madalitso Banda,” the document reads.

They add that the magistrate erred when he relied on hearsay evidence as the basis of the truth on which it convicted the appellants, contrary to settled rules and principles of evidence.

They submit that ,the appellants add that the magistrate erred when he relied on the testimony obtained by the police from the appellants, without a warn and caution.

The appallents further contend that the learned magistrate erred in law and in fact when he found that Siska harboured Ms Banda’s baby when there was no such evidence before the court.

Through their lawyers, Malisa and Partners Legal Practitioners, the appallent are reportedly schedule to file bail pending appeal.

Nkunika was jailed alongside UTH employee Emily Hall, a 37-year-old nutrition demonstrator of Kabwata Estates, and Rabecca Mkandawire, 42, a maid, of Bauleni Township.

Nkunika and the UTH workers were found guilty of child stealing while Siska was convicted for harbouring the stolen baby.

The offences were committed on May 7, 2022, after the recuperating mother of the stolen baby, Madaliso Banda, was moved from Kafue General Hospital to UTH for specialist treatment.

The convicts denied the allegations and the state called 13 witnesses, among them doctors, nurses, police officers, and family members.

During trial, Farrai Chiyenge, a physician who referred Ms Banda to UTH, narrated that women had suffered from HIE during delivery which also affected her male baby.

Ms Banda was then referred to UTH for specialist treatment with her baby who was stolen from D-Block.

When Ms Banda was taken to UTH, it was during the same period that Nkunika was at the same hospital where she had been delivered of a one kilogramme premature baby girl but it died.

Evidence is that the other convicts from promised to organise a baby for Nkunika and that K3, 500 was paid for the same.

The court also heard that Nkunika informed some neighbours that she was delivered of twins but one of them died and she remained with one.

A crime scene officer at Kabwata Police Station also narrated that she interrogated Nkunika who admitted being in custody of the baby who was found at Siska’s house.

In the judgement, magistrate Hampungani found that it was a fact that Nkunika connived with the other UTH workers to steal the male baby after her female infant died.

(Mwebantu, Thursday, May 9th, 2024)