COURT ORDERS FOR TRIAL WITHIN TRIAL IN ZUMANI TERRORISM CASE

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Chris Zumani
Zumani Zimba

COURT ORDERS FOR TRIAL WITHIN TRIAL IN ZUMANI TERRORISM CASE

AN assistant commissioner of police for Muchinga division headquarters has told the Lusaka High court that two of Zumani Zimba’s co -accused informed him that the latter had supplied them with the chemicals that were in their possession.

This is in a matter where Zimba and three others are facing charges of chemical gassing.

Zimba who served as Edgar Lungu’s political advisor is accused of aiding terrorism acts when he allegedly engineered the gassing of homes, schools and work premises which the citizenry was subjected to in the PF regime.

He is jointly charged with Given Phiri, Marlone Banda and Portipher Gwai, who are facing charges of possessing and procuring terrorism articles.

Testifying before judge Koreen Mwenda,
Kenneth Nkhuwa said on February 23, 2020 the district chief investigations officer received intelligence information that two police officers at Sinda’s police station attempted to extort money from accused persons who were detained for obtaining money by false pretenses.

He said he went to the said police station for a fact finding mission and led the team of four police officers.

He said when he got to the said police station, he interviewed Sarah Chishiba a business lady from Serenje and Given Phiri and Marlone Banda who were supposed to supply already made mercury to a customer.

Nkhuwa said Phiri and Banda identified themselves as public workers.

“Marlone Banda identified himself as a civil servant under the ministry of home affairs. Given Phiri said he was attached to the office of the president and is a nephew of the former president Edgar Lungu,” he explained.

“I raised eyebrows by the fact that civil servants don’t engage in illicit business. I doubted their identity and I told myself I would call the office of president and identify their true identity.”

He said whilst at the police station the officer in charge received a phone call that there was disturbance within Sinda town and needed to dispatch officers.

Nkhuwa said the police vehicle that was parked at the station was blocked by Banda and Phiri’s vehicle and the officers were given the keys so that they could move it but they failed to drive it.

He indicated that Banda requested for the keys so that he could drive the vehicle and at the same time Phiri asked to be excused as he wanted to relieve himself.

Nkhuwa said the duo eluded the police which raised concern because it was not regarded as suspects in any case.

“We suspected there was something sinister when they tried to run away from the police yet they were not suspects. I informed inspector Chanda to mount a road block on great east road,” he said.

“During that period we received reports of gruesome murder cases on suspicion that the people who were found loitering at night were gassers. A young man who had travelled to Katete to marry and engaged an old lady to find him a wife was murdered in cold blood.”

He said in Mugubudu area some boys from Malawi who had crossed to Zambia for piece work were beaten to the pulp by a mob when they asked for water from a certain lady’s house.

“The lady pretended to get a cup but went to inform other people. We rushed there to assist them escape through Mwami border to ensure their safety. Three police stations Chanida, Zozwe closer to Mozambique and Nyimba bus station police post, were burnt by the public as they were annoyed at the police for keeping people they suspected to be gassers.”

Nkhuwa narrated that Chipata Police Camp was equally not spared from gassing.

He said he received a call from detective chief inspector Chanda informing him that the mark X was impounded and the occupants were detained.

“The vehicle was searched and officers said they found suspected chemicals in two bottles and body spray, used oil and 15 membership cards for the UPND. I informed my superiors and force headquarters as the incidents were heinous they needed to know what was happening on the ground,” he said.

He said based on the items the accused were found in possession with the police suspected Banda and Phiri to be behind the gassing incidents.

“The container indicated inhalation coupled with body spray it rang bells that those were the suspects behind the gassing. I suspected they were gassers, we warned and cautioned them verbally and interrogated them in relation to the gassing,”Nkhuwa disclosed.

“I learned through the accused that they acquired the suspected chemicals from a Mr Zumani Zimba who was at that time working at UTH and acted with Gwai and they were promised K500,000 if they succeeded to ….”

At this point the accused lawyer Makebi Zulu raised an objection questioning the voluntariness of the statement.

Deputy chief State advocate Chipola Bako in reply indicated that the accused were not coerced to give the said statement.

Judge Mwenda ordered for a trial within trial to inquire into the voluntariness of the statements given by the accused.

Earlier Lorie Musonda who was a chief inspector under the Anit-robbery unit in Chipata then said Banda and Phiri did not possess Deep 600 among the items that were seized from Banda and Phiri.

He said among the items he seized was ; Halothane, Faron was used NRC, Used oil, Hand sanitizer, 15 UPND membership cards, a cigarette lighter, Hauwei phone belonging to Marlone and an infinite phone belonging to Given Phiri, a bluetooth speaker, a black wallet, driver’s license, laptop bag containing clothes, company documents and rodenticide.

Musonda mistakenly identified the accused in Court as he pointed at Zumani and Gwai as the owners of seized items.

In cross examination the officer said the items in question were not before court as exhibits.

Paul Ngoma a resident of Petauke said Phiri offered him a K5000 on conditions that he convinces Nephat Banda who was elected councilor of Lusinde ward on the UPND ticket to defect to the PF.

He said Phiri promised to send a chopper to take them to State House if he managed to convince Banda to return to PF.

“I called Nephat Banda we met at Zonse supermarket and told him that Given wanted him to return to PF but he refused citing poor conditions of service,”said Ngoma

“I called Given and told him Nephat had refused since then I never communicated with Him.”

The matter come up today for a trial within trial.

Kalemba

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