I WAS NOT AT THE CRIME SCENE – HON CHITOTELA TELLS COURT
…. as defense lawyers make an application to move the court to the place where Hon Chitotela was and later the crime scene
Kawambwa… Wednesday July 19, 2023 (SMART EAGLES)
Pambashe PF Member of Parliament Hon. Ronald Chitotela, MP has opened his defense before the Kawambwa Subordinate Court that he was not at the crime scene and that he was in a different place when it happened on August 12, 2021.
And defense Lawyers through Counsel Benjamin Mwelwa have made an application before the court that the court moves to the place where the accused person was at the time the crime happened and later to the crime scene to appreciate the scenario.
Luanshya Magistrate Martin Namushi sitting in the Kawambwa Subordinate Court, has since granted the defense’s application as the state did not object the application.
The matter has since adjourned to tomorrow morning at 7:30hrs.
When the matter came up for commencement of defense, the first accused person (Hon Chitotela) narrated before the fully packed courtroom what transpired on the actual day the crime happened.
“On 12th August 2021, I voted at a poling station called Posa around 06:05 I was the first one to cast my vote. The third from me was my driver name of Luckson Mumba. Pambashe has nine wards. I left Posa Poling Station 15 minutes passed 6hrs, as I stated Pambashe has nine wards eight are in Southern part of the district. The Constituency has about 21, 000 registered voters. About 2, 000 registered voters are in Kabanse (ward), and about 19, 000 are registered in the southern part of the district. We (together with the driver) drove to Chimpepe poling station with a view to monitor the turn out. We were driving a motor vehicle Mazda BT50 Registration number BAC 3586. Your honor, from Chipembe I went to Kasanda poling station. We then moved to Mishingo in Kabonde, it was around 8hrs to 9hrs we drove to my residence here in Kawambwa. I was wearing a Nigerian outfit, a hut and a walking stick. From there we drove to Chabanya poling station (Southern part of Kawambwa) between 9:30 and 10. We went to Mushota poling station from Mushota my driver and I went to Nachampama poling station. From there we went to Ntembo from there we went to Kaka from there we went to Kanengo poling station. We were at Kanengo between 11 to 11:30,” he narrated before the court.
“Around 12hrs were at Kanengo Secondary School poling station. After Kanengo we went to Chisembe poling station and that was passed 13hrs. Your honor after that, we went to Ntumbo poling station in another ward as you go towards Luwingu. From Ntumbo we went to Kota poling station that was around 14hrs to 15hrs. From Kota we went to Chishinga Secondary School, then proceeded to Musungu that was around 15 and 15:30 this borders Luwingu and Lupososhi.”
He explained that around 15:45 and 16, he received a call from a Mr Kumwenda who was intelligence officer at that time who inquired on his whereabouts.
“I told him the place where I was. Then he told me that UPND has killed two people and my vehicle has been burnt. Where I was the network was bad and it was few minutes passed 16hrs. I told my driver that there is an emergency let’s go to Kawambwa. When we’re driving back as we were passing Kota turnoff I received another call from the then Permanent Secretary Charles Mushota, who also told me the same information that UPND have killed two people and burnt my vehicle. Few minutes as we were approaching Ntumbo primary school I received a phone call from Tilyenji Nyirenda Luapula Provincial Commissioner of Police he is the one who told me that there are two people who are seriously injured by UPND and the residents of that area burnt the vehicle. He told me to send the officer in charge to brief me,” he said.
“Your honor, because it was voting day, and I was a participanting candidate for Pambashe, I was rushing home to freshen up and we were expecting to start receiving the election results. When I arrived home your honor, I freshened up and decided to take a nap (this was passed 18hrs). Around 19:55 my wife came to wake me up that Mr. Tembo and another person have come. Mr Tembo was officer in charge of Kawambwa police station and another person a station inspector. He began briefing me at what happened at Mulyola village.”
He told the court how a UPND NMC Member in the name of Steven Chikota called him so that they should in the company of Kawambwa Central Member of Parliament Hon Nickson Chilangwa meet so that the two lawmakers should replace the said damaged motor vehicle.
He wondered why the offense should be transfered to him just because he is an elected leader.
Later, Counsel Mwelwa made an application that the court moves to the said location where the accused person was and later on drive to the location where the scene of the accident happened.
In leading the testimony, Counsel Mwelwa informed Hon Chitotela on the six counts he is charged with.
After Magistrate Namushi grated the defense’s application, the state asked for some time as they require some movement logistics.
“With that granting of permission to visit the places, the state would request that this matter be adjourned in order to sort out the logistical issues in terms of movements. There is also need to involve the Zambia Police Service. We need time, we apply that the matter be adjourned to tomorrow at 07:30hrs,” submitted State Advocate Mwala Museta.
In this matter, Hon Chitotela and his Kawambwa Central counterpart Hon Nickson Chilangwa and five others while acting together have been charged with six counts.
Other people accused in this case are Kawambwa Mayor Chifumbe Kalumba, Kunda Chitotela, Chabu Chitotela, Davy Kaniki and Charity Chibwe Musanto.
It is alleged that on August 12, 2021, the two lawmakers and five others while acting together assaulted four UPND members, damaged the windscreen of the Mahindra Bolero motor vehicle valued at K400, 000 before allegedly setting it ablaze and further threatened violence.
The accused persons are being represented by Counsels Benjamin Mwelwa, Jonas Zimba, Boniface Chiwala and Kampamba Kombe.
State Advocates include Mwala Museta and Wilson Mwale.
Hon Chilangwa has since remained in custody at Kawambwa Correctional Facility.