MAGISTRATE ORDERS ARREST AND PROSECUTION OF THREE POLICE OFFICERS FOR CAUSING DEATH OF SUSPECT IN NYIMBA
IN a rare development likely to be welcomed by human rights defenders, a magistrate has ordered the arrest and prosecution of three police officers at Nyimba Police Station in connection for torturing a suspect who later died.
Chipata senior resident magistrate Felix Kaoma, sitting as a coroner in Nyimba District, directed that the three officers be charged with manslaughter in connection with the death of 32-year-old Acklass Zulu.
The police officers in question, Charles Phiri, Simeon Mwanza and Clive Museka, all constables, allegedly tortured Mr Zulu on suspicion of stealing a cell phone.
Mr Zulu died on March 12 this year, three to four hours after he was allegedly beaten by the three officers while in police custody.
The man died on the way to hospital from the police station where he had earlier been seen crying in pain after being beaten.
After hearing an inquiry into the death of Mr Zulu, magistrate Kaoma, who is also the coroner for Chipata District, found that the victim did not die of natural causes.
“I find evidence connecting Constable Charles Phiri, Constable Simeon Mwanza and Constable Clive Museka all of Nyimba Police Station.
“I, accordingly direct that the same be arrested and charged with the offense of manslaughter contrary to section 199 of the Penal Code Chapter 87 of the laws of Zambia,” Mr Kaoma said in the verdict.
During hearing of what led to the death, the coroner heard that Mr Zulu died on March 12 between 20:00hours and 21:00hours on the way to the hospital from police cells.
“His body was positively identified by Joseph Ngulube his brother on 15th day of March, 2023, before post-mortem,” Mr Kaoma said.
The court heard that on the day Mr Zulu died, he had been in good health and never complained of any sickness to his wife or close associates.
“However, his wife was the first to be picked by a police officer she identified during the inquest to be one of the witnesses in jeopardy and was detained in police cells in connection with a stolen phone,” Mr Kaoma said.
Police used the woman’s phone to corner her husband, Mr Zulu, who was subsequently apprehended by the three officers.
“According to his [Mr Zulu] wife, when the deceased was brought to the police, he was taken to the office she identified to be the CID office in which the three officers took turns to beat him with short buttons while he was crying in her full view,” the verdict reads.
The woman was later released while her husband was taken in the cells.
“Two witnesses were called from those who were in cells who confirmed to have heard a person crying from the offices.
“The [crying] person was subsequently brought by the cell door and one of them was asked to lift him into the cell and he did so. The person was identified as the now deceased Mr Zulu,” Mr Kaoma said.
The court heard that Mr Zulu continued crying while in cells until his voice started diminishing before he eventually passed out.
Mr Zulu had asked for panadol and water but he failed to drink the medicine.
“This is how the deceased met his death as he was being taken to the hospital,” the verdict reads.
A postmortem revealed that the cause of Mr Zulu’s death was bleeding within the skull.
With evidence of assault, Mr Kaoma found that the three police constables appear to share in the blame for the death.
Mwebantu