CROSS EXAMINATION: Emmanuel Mwamba Vs The People matters before Lusaka Magistrate Hon. Trevor Kasanda

CROSS EXAMINATION: Emmanuel Mwamba Vs The People matters before Lusaka Magistrate Hon. Trevor Kasanda

Yes Emmanuel Mwamba has sued us the Police officers and the Attorney General for assaulting him

Makebi Zulu- How long have you been a police officer
Brian Chipango; 14 years.
MZ; you have been a detective for 12 years
BC; I’ve only held two ranks.
Makebi Zulu-; When did you go to Service Headquarters
Brian Chipango; I was transferred in December. 2020.

Makebi Zulu; Do you share the same office with Inspector Steven Simwenda(the alleged victim of assault), you are good friends with Inspector Simwenda.

Brian Chipango; Yes we are good friends and we work together.

Makebi Zulu; So you have come to testify for your friend?
Brian Chipango; Yes but because of the matter that occurred on 14th June 2024

Makebi Zulu; Let’s talk about the events; You said you arrived in one vehicle. Tell us therefore who was driving ZP19192, GRZ308, and another car.

Brian Chipango; we only had one vehicle.

Makebi Zulu; I put it to you that you were about 10 to 12 persons in 3 cars.
Brian Chipango; No we only had one car and we were three of us.
Makebi Zulu; You told the Court that you found Mr. Mwamba in a shelter and you asked him to come out.
Brian Chipango; Yes,
Makebi Zulu; He did not resist?
Brian Chipango; He did not resist.
Makebi Zulu; You testified that Mr.Mwamba asked to call his lawyers. Why did you say he needed permission?
Brian Chipango; “When someone was in our custody, confined under us, he needed permission”.

Makebi Zulu; So you have changed your earlier testimony.
Brian Chipango; Yes.

Makebi Zulu; So when he was trying to call the lawyers, how did Mr. Mwamba attempt to resist to handover to the phone.
Brian Chipango; He said I will not handover the phone.
Makebi Zulu; Who grabbed the phone from Mr. Mwamba?

Brian Chipango; Inspector Joseph Kapasa took away the phone. It’s an offence to resist.

Makebi Zulu; tell us what offence is that? Let’s discuss the resisting. Where you trying to arrest him?
Brian Chipango; No we were not trying to arrest him?

Makebi Zulu; Was he resisting an arrest.

Brian Chipango; He resisted to hand over the phone.

Makebi Zulu; Do you agree that a Car Wash is a Public Place?
Brian Chipango; It depends,
Makebi Zulu; What is a public place.
Brian Chipango; it depends.
Hon. Trevor Kasanda; Witness, answer the question. What’s a public place?

Brian Chipango. An open place.

Makebi Zulu; During this ordeal, members of the public took concern and some began to take pictures and videos from there phones.

Brian Chipango; I don’t know.

Makebi Zulu; Do you remember that you took phones from members of the public with you.

Brian Chipango; I don’t remember.
Makebi Zulu; What do you know of Kings Mulopwe?

Brian Chipango; I heard from other investigators.

Makebi Zulu; Your colleague was here and he testified that the event was filmed and the details were erased from the phones and the phones were handed back?
Brian Chipango; I’m not aware.
Makebi Zulu; Has Mr. Mwamba sued you in the Lusaka High Court?
Brian Chipango; Mr. Mwamba has sued the State;
Makebi Zulu; here is the court action cause …read the details of those that were sued.
Brian; Mr. Mwamba has sued; Respondents; Attorney General, Steven Simwenda, Brian Chipango and Joseph Kapasa.

Makebi Zulu; In that legal suit, Mr. Mwamba has complained that he suffered injuries, he lost the tooth in the process, he complains he was assaulted by yourself and the two officers.
Brian Chipango; I didn’t assault him. There are no injuries. I see an old gap on the space where a tooth.

Makebi Zulu; according to you, Mr. Mwba did not sustain those injuries during the ordeal?
Brian Chipango; No.
Makebi Zulu; According to you, it’s Mr. Simwenda who was injured instead of Mr. Mwamba.
Brian Chipango; Yes.
Makebi Zulu; Remember you arrested him for publication of information one year ago.?
Brian Chipango! Yes.
Makebi Zulu; And that matter is NOT before any court.
Makebi Zulu; In the matter where Mr. Mwamba has sued you, have you put up any defence.
Brian Chipango; I have requested that I be excluded from the suit and come as a witness for the Attorney General.

Makebi Zulu. I have no further questions.
Matters adjourned to 6th and 7th June 2024 for continues trial

Continued Trial; Emmanuel Mwamba Vs The People, before Hon. Magistrate Trevor Kasanda

“I’M BEING ABDUCTED SHOUTED EMMANUEL MWAMBA”- POLICE OFFICER TESTIFIES

Lusaka-Wednesday, 5th June 2024

A detective from the Cyber Security and Cyber Crimes Unit, Mr. Brian Chipango has testified that Patriotic Front Chairperson for Information and Publicity, Amb. Emmanuel Mwamba shouted “I am being abducted” when persons in plain clothes, purportedly identifying themselves as police officers from Service Headquarters, went to pick him from a public place, the car wash on Mosi-O-Tunya Road, in Woodlands.

Chipango claimed that Mr. Mwamba allegedly grabbed the neck of one of the Police officers, Steven Simwenda.

Mwamba was forced in the car and taken to Police Service Headquarters.

Mwamba refused to say anything until his lawyers were present. He was therefore driven the accused person where he was detained at Emasdale Police Station for allegedly publication of information.

This is a matter where Mr. Mwamba is charged with assaulting a Police officer.

Trial is on-going before Lusaka Resident Magistrate, Hon. Trevor Kasanda.

Details Coming later.