COP NARRATES HOW FORMER IBA DG’s ALLEGED KILLERS WERE IDENTIFIED
A POLICE officer has narrated to the Lusaka High Court how the three people, charged with the murder of former IBA Director Guntila Muleya were positively identified by witnesses who saw them pick the deceased at Mika Convention Center.
Detective Chief Inspector Evans Chanda, 48, based at Lusaka Central Police, Criminal Investigation Department (CID), said M’Thusani Baza Dokowe and Alex Caleb Zulu, both police officers and Samuel Baza Dokowe, an engineer, were positively identified by seven witnesses on a parade.
In this case, Francis Chipyoka, 42, is jointly charged with M’Thusani Baza Dokowe, 29, Zulu, 30, and Samuel Baza Dokowe, 37.
The four are charged with murder, contrary to Section 200 of the Penal Code, Chapter 87 of the Laws of Zambia. Particulars of the offence allege that the four, in Lusaka, jointly and while acting together with other unknown persons, murdered Guntila Muleya.
During trial before Justice Vincent Siloka, Chanda said he conducted two identification parades; the first for Zulu and M’Thusani Dokowe, and another for Samuel Dokowe.
“I was appointed officer in charge of an identification parade which was in the case of murder contrary to Section 200 Chapter 87 of the Penal Code of the Laws of Zambia, in which Mr Guntila Muleya, the deceased, was allegedly murdered by Caleb Alex Zulu, Dokowe and Mr Samuel Dokowe. I conducted two identification parades. The first one was for Caleb Zulu and M’Thusani Dokowe. I had about six witnesses who were supposed to identify the two, and the same witnessed [the] picking of the deceased, Guntila Muleya, at Mika Convention Center. Before I could conduct an identification parade, I had to select eight people from our police custody of almost the similar features of the two accused [persons], that is the complexion, height and also the body structures. We made them wear black t-shirts,” he said.
“Before I could conduct the identification parade, I explained their rights, that they should invite their lawyers to be present during the procession of the identification parade. Zulu requested a phone call and contacted their counsel, he requested from me. They called and told me that their counsel advised them to go ahead even without him.
The whole process was being captured by the scenes of crime officer, Detective Inspector Katai. We proceeded with the identification parade. I asked them how they were feeling, and if they were okay to proceed. Although they looked like their legs were swollen, they insisted that we proceed with the identification parade”.
Chanda said the three accused persons were positively identified by the witnesses.
“I started the identification parade around 14:00 hours. The first witness, Mr William Shawa, the police reserve, was with the two accused while they were picking the accused, Guntila Muleya. The first witness came and identified both Caleb Zulu and M’Thusani Baza on both positions. The next witness, Mr Rogers Banda was also called after they changed their position. The second witness identified both.
The third witness was also called, Mr Frank Kampamba, who also came and identified only Mithusani Baza Dokowe on different positions. The fourth witness was Richard Kapili, who also identified M’Thusani Baza Dokowe, also in different positions. The fifth was Chanda Kalale, who was coming from the car hiring company and he identified both Alex Zulu and M’Thusani Baza Dokowe. The last one was Jacob Banda, a worker for Mika Convention Center, who also identified only Caleb Alex Zulu,” Chanda said.
“I started with the second identification parade which was for Samuel Basa Dokowe. I did the same by selecting eight accused [persons] from custody who had a similar feature of Samuel Baza Dokowe and I also explained his rights to invite his counsel but he decided to do it without his counsel. On this identification parade, I only had one witness, Mulenga Simukoko, also a worker at Mika convention center. I proceeded with the identification parade, while the same scenes of crime officer was capturing the process. The witness was called to come and do the identification and he positivity identified Samuel Baza Dokowe”.
Asked during cross examination whether he had no contact with the witnesses who had identified the accused persons after the parade, Chanda said he spoke to them.
Asked whether they had told him who they came to identify, Chanda said only Shawa did so.
The matter was adjourned to a later date for continued trial.
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