POLICE DETECTIVE INSPECTOR TELLS COURT, “I AM NOT COMPETENT” IN SABOI IMBOELA CASE
By Correspondent Reporter(The New Dawn Newspaper)
AN investigations officer from the Police Headquarters, Crime 1 unit, Detective Inspector Kelvin Kandela has told the Lusaka Magistrates Court that he is not competent to talk about the investigations that took place in the matter in which National Democratic Congress (NDC) president Saboi Imboela is alleged to have defamed State House media director Clayson Hamasaka.
And Kandela has also told Magistrate Sylvia Munyinya that there was nowhere Clayson Hamsaka’s name appeared in the post Saboi made on her facebook page.
This is in a matter in which Saboi is facing two counts of libel contrary to section 191 of the Penal Code chapter 87 of the Laws of Zambia.
When the matter came up for continued trial, Kandela testified that he investigated the matter, Saboi is alleged to have defamed Hamasaka.
He explained that together with other three police officers from Crime 1 unit, went to Saboi’s house in Shantumbu, Lilayi area where their effort to apprehend her were futile as she had locked herself inside the yard and did not cooperate with them after calling her.
“I hooted with the vehicle that we were using; we hooted for about 30 minutes and could see that inside there were movements of people and I saw Saboi closing windows and curtains. I then realised that I have her contact number in my phone and I made a phone call, but she never responded. Immediately she called back, and I told her that I was at her house wanting to meet her.
I asked her to open her gate and allow me to enter with my team so {that} we could tell her what we wanted. She responded in the negative, saying she had no time. I then told her that I will use other means to find her if she did not cooperate but she cut the line. And then after an hour of waiting for her to cooperate while hooting in the car on several intervals she never responded. I had search warrant for her, I could have broken in, but I ordered my team to withdraw,” he explained.
Kandela further said that after some days, he received information that Saboi and her legal team were at the Police Headquarters for some other offences she was facing.
“On 1st November, 2022, I got information that she was in Police Headquarters building, where she was summoned for other cases, I made a follow up and found her with her legal team. I introduced myself to them, the suspect and her legal team and informed them that I needed them in our office, for a case that had been reported. At that time your honour I led them to our office, where I ushered them in with the arresting officer. Who recorded the warn and caution statement from the accused and subsequently charged and arrested for the offence,” he said.
During cross examination, when lawyer James Tembo from Makebi Zulu advocates asked him why he did not summon Saboi, Kandela said he did not bother and that he was not in a hurry to arrest her.
This was after it was put to him that he did not summon her because he had strict instructions from State House to have her arrested and detained.
Tembo told Kandela that his action was as a result of strict instructions from State House to have Saboi arrested and detained as a way of punishing her, a statement he responded in the negative.
When the defence lawyers asked him whether State House had promised him a position if he arrested Saboi, Kandela said no such promises were made as he did not work for State House.
‘You will also agree with me sir, that you were under strict instructions from State House specifically Mr. Hamasaka to arrest my client. What position did State House promise you upon arresting my client? You will agree with me that you were running away to give my client bond because you had instructions not to and she spent 48 hours in cells,” to which, Kandela said, “I don’t agree.”
Tembo reminded Kandela that his client upon being arrested spent 48 hours in police cells at Kabwata for an offence which was bondable as he was running away from signing a police bond.
“You decided to ran away because you had strict instructions to punish her for an offence you deem she committed. Are you ware that the cyber team sent call out to her to appear before them over the same offences you arrested her on?’
Tembo also informed Kandela that Saboi was warned and cautioned over the same offences he was arrested for by the Cyber Security team at Force Headquarters, a statement Kandela said he was not aware of.
“Are you also aware that she was warned and cautioned for the same offence by the cyber security team? (Kandela – No). Are you aware that my client is facing two counts of libel before this court? (Kandela – I am not aware). Didn’t you just say before this court that Inspector Makumba charged my client in your presence? (Kandela – No, I am not aware).
Meanwhile, Kandela told Court that he didn’t see the name Clayson Hamasaka in charge sheet where Saboi was quoted as having defamed the State House media Director.
This was after Kandela was made to read through the charge sheet as prepared by his team before court.
Tembo reminded Kandela that his job was to seek justice and not to send people to prison, and therefore, his duty was to respond to questions as they were put to him.
This happened after Kandela lost his temper and wanted to address the court in the manner the questions were put to him.
“From what you have ready, have you seen the name Clayson Hamasaka? ([Kandela] I am not seeing the name). (Tembo – You job is to seek justice and not to take people to prison). [Kandela] There is no where I see the name written Clayson Hamasaka,” this was after he was reminded to tell court whether he had seen the name Clayson Hamsaka on the charge sheet.
And another lawyers, Melisa Phiri asked Kandela whether he had investigated the matter or not and he responded that he did not investigate the matter.
When asked whether he was competent to talk about the case before court as he did not investigate it, Kandela said he was not competent to talk about the case as he did not investigate it.
“[Melisa – Did you investigate the matter?] [Kandela, no, I am not an investigations officer.] [Melisa – So, you are not competent to…] [Kandela – No I am not competent.]”