I DON’T HATE JJ BANDA, BUT I STRONGLY DETEST INJUSTICES MIXED WITH POLITICS.
IN ALL FAIRNESS, I GUIDED THE ZAMBIA POLICE, NPA, AND THE PF WHEN JJ BANDA ATTACKED POLICE OFFICERS. THE PROBLEM IN ZAMBIA IS THAT WE FORGET FAST! MANY PF LEADERS ESCAPED JAIL BY BEING GIVEN SMALL CHARGES, LEAVING THE BIG ONES THAT WOULD LAND MANY IN TROUBLE. IF THE PF WERE SMART, THEY WOULD HAVE PUSHED IN 2020 FOR JJ BANDA TO BE SLAPPED WITH AGGRAVATED CHARGES AND THEN CLEARED HIM THROUGH THE COURT.
READ MY ARTICLE POSTED IN 2020 AND THEN INSULT AND CALL ME NAMES NOW!
THE ARTICLE WAS PUBLISHED ON 24 AUGUST 2020
“NATIONAL PROSECUTION AUTHORITY AND THE ADVICE TO THE POLICE”
Listening to what advice the learned prosecutors gave to the IG on how to charge Jay Jay PF cadre who beat up police officers and stole money at Lusaka central police station last month makes one understand why we have such a high fail rate at ZIALE. Or better still why we have broken a record on a number of Nolles handed out in criminal cases since independence.
Was this advice given to get Jay Banda off the hook, or was it in the best interest of justice?
Aggravated Robbery according to Sec 294(1) CAP 87 says,” any person who, being armed with any offensive weapon or instrument, or being together with one person or more, steals anything, and, at or immediately before or immediately after the time of stealing he/she uses, or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained is guilty of a felony of aggravated Robbery and liable upon conviction to life imprisonment or dearth (2) (a) where the offensive weapon is a firearm.
Sec 295 CAP 87 Aggravated assault on the other hand says,”any person who, being armed with any offensive weapon or instrument, or being together with one person or more, assaults any person with intent to steal anything, is guilty of a felony and is liable upon conviction to imprisonment for a period of not less than 10 years and not exceeding twenty years.
Why did these so called learned, yet not so learned prosecutors advise the IG to go for Sec 295 CAP 87? If you look carefully at these two offences one (294) has person or property and (295) has only a person. The reason behind this charge was to triangulate the charge to an individual. Reason being, an individual can be persuaded to drop the charge where as property may not.
This offence of aggravated Robbery was committed against Lusaka Central targeting the evidence room. Therefore, the charge of aggravated Robbery was avoided, because that would mean no way out for Emmanuel Banda commonly known as Jay Jay or it would have been for the infamous nolle.
Change the charge and bring in an assault of the guard and use it so the guard can withdraw the charge and jay jay is free is the game PF leaders have played on this serious case.
Now here is a catch, the attack was on Central Police. If a police officer was injured in the process, that would have proved use of violence (resistance to retain….) which is an ingredient in aggravated Robbery. The fact that the suspects were armed with firearms, the penalty would have been death.
Fellow citizens, are you seeing what I am seeing?
Now coming back to the law, Jay Jay would have been charged with aggravated Robbery. If as the prosecutors contend, that there was not enough evidence. A good prosecutor would have gone with the capital offence and moved the court to consider convicting on the alternative charge.
After all, the law considers that no one shall be acquitted merely on ground of a wrong charge. The court is allowed to acquit on a wrong charge and convict in the alternative charge. Therefore, change of a charge should have been considered during submission at the close of the case awaiting judgement.
The officer who got injured was, or is not the owner of Lusaka central. He or she was just like a property at the station. I therefore conclude that the case is fixed in favor of Jay Jay. The officer will definitely drop the charge as he will have no muscle to fight a powerful PF cadre like Jay Jay who reports direct to Edgar Lungu and Steven Kampyongo.
All the plan was surrender yourself and we will protect you using our positions, this is why he didn’t even spend a night in police custody.
Sikaile Sikaile Good Governance and Human Rights Activist
It’s like PF waz cursed from the beginning to the end. It so clear that even their thinking was extremely short term without any consideration for the future.
Edgar thought he could guarantee his crony, Jy Banda, freedom by minimising the charge at the time. Now that the incident is being reviewed, he arranges a self abduction case with help of Makebi Zulu thinking they can implicate the state in the fake abduction! Are these criminals naive to think that everyone else is foolish except them. In the real world, Emmanuel Jay Banda should have already been sentenced to Death. Mind you he committed the offence before the death sentence was abolished.
You have Edgar Lungu stealing public funds to steal public funds to buy his daughter, Chiyeso, expensive property. When later caught, Edgar wants to create records with Phiri to cover up this theft!! How stupid does he think Zambians are.
You are stop this nauseating nonsense behaviour of hiding behind human rights advocate when your entire contributions favour your political party UPND.
You can not charge someone for the same case that someone has been charged with before.
HH openly directing the police to arrest and charge Jay Jay Banda . What kind of person or human being hates another person in the manner this HH abuses the highest office to inflict pain, hate. Selective injustice.
When people are openly harassing others at their weakest point is barbaric.
When people are complaining about tribalism being practiced by HH it’s hate speech. You appoint all your tribal mates in all parastatals,civil service , police, army , DEC , Education, Finance, ECZ , ACC to ensure if you hates and target the people you dislike with passion, all is done by the orders and not following the laws. I pit these brothers and sisters who so happy to inflict pain at will or charge other for hate speech will dance Chokoshi after HH leaves office in 2026 because the will of the people is in motion and running at the speed that People in UPND or positions abusing others have destroyed their careers. Many people are recording the shameful acts of our brothers and sisters the Tongas . This is not hate speech but let our brothers and sisters know please stop abusing others because nothing last forever . Stop carrying this heavy load of hatred everyday because you have enslaved yourselves. You need therapy to let it go and free yourselves from this York of hatred, tribalism and greediness. We have short time to live and enjoy life together
You don’t know what you are talking about bro. You must be a pf cadre yourself. Uyu muntu angalete nkondo munomuziko, sitifuna olo pa ngono. Analakwa kale uyu munyamata. Ayende kusogolo chabe.
What is beyond doubt and not debatable is the fact that their was intentional serious miscarriage of justice in the case of Mr. Emmauel “Jay Jay” Banda’s raid on the Lusaka Central Police station and the Sukwa case where he allegedly urinated in the Post Newspaper reporter’s mouth and attempted to burn him after dousing the hapless journalist with petrol.
In both cases, the system worked very hard to facilitate Mr. Banda avert justice due to his powerful connections to the very top hierarchy of the PF.
That time they were in power so they were considered untouchable. They could beat police officers, they could urinate into journalists mouth or break any law of the land, nothing would happen to them but they forgot power doesn’t last forever and now karma is catching up with them. Let them just suffer like they used to make others suffer.