July 19,2024
Below is the verbatim on the continued trial in the Brebner CHANGALA SEDITIOUS PRACTICES CASE as captured by Mbili Media.
Brebner Changala, the accused before CRM
Witness
Billy Kapinda
Court
Am sure you didn’t sleep in the car(smiles)
Witness
No. The state did the needful.
Cross examination
Defence Counsel Ceazor Simukonda
Remember telling the court that you are the complainant.
Witness-Yes
Defence- lodged the complaint after watching the video on the page.
Witness-Yes
Defence-Which political party do you belong to?
Witness-I don’t belong to any political party –
I’m a UPND sympathiser…. This is because before the reign of the UPND there was total disaster.
Defence -What disaster are [you referring to]…. Witnes I’m a victim of PF brutality, I was beaten in the presence of MP and police and my teeth almost came out in the presence of a minister and police, they baptized me.
Defence-Did you repent? Laughs
Was the accused person among the people who beat you?
Witnes-No
Defence-Are you happy with the new dawn government.
Witness-Extremely
Defence-Even after watching the video you watched you are still happy?
Witness-Yes
Defence-did not form any intention….
You love the UPND in power.
Witness-Yes
Defence-As a law abiding citizen you can do anything to protect the government in power. Witness-Correct.
Defence-As a person who loves the government, how do you know Garry Nkombo? Witness-is my brother in-law.
Defence-Related in what way?
Witnes- we gave him out beautiful sister
Defence-Which other ministers do you have any relations with other Ministry?
Witness-Non
Defence-Do you have relations with Cornelius Mweetwa?
Witness-He is my friend as a political analyst
Defence: And from the time the UPND government was in power have you ever been to State House.
Witness-I have been there once, on this year African Freedom Day
Defence-Did you take any pictures?
Witness-They grabbed my phone at the door
Defence-Do you have a Facebook account. Witness-Yes
Defence-who posted them?
Witness-Myself, the one who took work at state house.
Defence-you been to the UPND Secretariat?
Witness-Yes but once and it was in May this year
Defence-When did you watch the video?
Witness-Between 25, 26 of May.
Defence-The period you watched the video is the same period you went to the secretariat?
Witness-Not correct
Defence-There in Kitwe, do you interact with the UPND?
Witness-No
Defence-The video you watched how long was it?
Witness-Approximately 5-10 mins
Defence-Who did you see in the video?
Witness-Brebner Changala
Defence-Who else?
Witness- I also did see Brain Mundubile
And I saw a journalist holding a blue mic
Defence-Have you produced the video you watched which runs 5-10?
Witness- I did not produce the video.
Defence-Before the court there is no video you watched?
Witness-Yes
Defence-In your testimony you didn’t give the court the video you watched?
Witness-Correct
Defence-And you know that the court will be able to access the fact that video when produced before court?
Witness-The video was in public domain and it is the duty of the investigations officer not me.
Defence-What did the accused say that was alarming, the alarming words?
Witness-The anarchy and terrorism.
Defence-Which state was being talked about?
Witness-The current government
Defence-Did you hear the accused saying the current government is sponsoring anarchy and terrorism?
Witness- Yes
Defence-Your honor we asking that the witness watch the video and point out the words.
Defence-Did you hear anyone saying they hate HH?
Witness-No!
Ddfence-Did you see them say they were excited to overthrow the government?
Witness- No, I was agitated and alarmed after I watched the video.
Defence-Did you hate the government of Zambia after watching the video?
Witness- No. After watching the video I was disturbed and I took a walk.
I heard the conductors/ drivers discussing the video
Defence-We are making an application that the court notice the demeanor of the witness.
Court-We can proceed .
Defence-Did you ever say that Changala should stop lying on TV?
Witness- I can’t remember
Defence-If I show on your Facebook page, could you remember, and the post was in December?
Witness-Yes
Defence-So you dislike the accused person? Witness-Why should I dislike him?
Defence-Do you want him to go to jail?
Witness-Why should I do that
Another Defence Counsel ‐Aongola (cross examination continues)
Defence-As a political analyst, you detest what the PF did when in power?
Witness- Yes
The PF say they are repented so we have forgiven them.
Defence-Could you vote for PF?
Witness-Never!
Defence -And it is true that you have authored articles pertaining Jay Banda, you remember? Witness-can’t remember!
Defence – On 22 June 2024, you wrote that you demand justice for Peter Sukwa?
Witness – Yes
Defence-Is it true that in that article you made allegations against Jay Banda… Or rather you made assertions?
Witness-Yes
Defence-You are not aware of any riots that arose from the content of the video?.
Witness-Yes
Defence-You talked of being alarmed, your being alarmed is from your personal content? Witness-yes
Defence-You felt threatened you mean?
Witness-Yes
Defence-You are not aware of any public protests that occurs as a reaction of this video?
Witness-Not yet.
Defence-You haven’t brought any content or statement that shows that other citizens where displeased?
Witness-I wouldn’t know.
Defence – Having listened to the video, you heard the accused ends by calling on the police to up their game?
Witness-Yes
Defence-By them making a call to the police to up their game, the accused was acting as a law abiding citizen?
Witness- I know of the people when sin they start praying.
Another lawyer (cross examination continues)
Defence -You are a political and social analyst?
Witness-Yes
Defence-Do you have any issues in comprehending words?
Witness-Not at all.
Defence-Would you agree with me that the video was calling upon the state and the police to call upon it’s citizens?
Witness- I wouldn’t agree!
Defence-So is there a part in the video where the accused is calling upon the state?
Witness-Yes!
Defence-Do you only analyse issues that pertain the government of the day?
Witness- No, I analyse everything.
Defence-Would you say your complaint was because you have a cordial relationship you are enjoying with the government?
Witness- Not at all!
Defence-Did you hate the government of the day and did you know that people hate?
Witness- I know a lot of people based on the utterances I heard.
Second witness
Dr. John Mwendapole,49, Kabwe , Pastor.
Somewhere around 26 May, the period when MP was abducted and by then I was in Lusaka and I checked on my Facebook and I came across an interview, it was on a PF platform where there was a report where there was an individual who was claiming that the state had criminals who were doing terrorism and something like that.
And the individual is Mr brebner Changala.
When you saw the video?
When I saw the video I was alarmed and I know the person as a human rights activist and the words were heavy and could cause anarchy and I took a step to go and report to the police.
I went at the inquiries and I explained why I was there, I met Mr Moono and reported. Since I had left my phone on the reception I wouldn’t show him but he told me that there is a similar report and he made me report whether it was the one and I confirmed. I gave the statement, and that peace and security of the country could be damaged.
I was trying to emphasize that by the time I was going there Jay Jay Banda was already found and I was sudened by the family and that the state was in change it sent bells that it could be awkward because we all go to the state, so if the trust we have with the state is carelessly undermined we end up experiencing a failed state.
The video affected me , I come in from the government of the PF and during that state there was a lot of caderism and my fear was we might go back to that and I know of other countries that are experiencing anarchy and I was disturbed.
Being a pastor I felt that this shouldn’t be in this country.
Cross examination
Counsel Simukonda
Are you a pastor?
Witness-Yes
Defence-Pastor at what church?
Witness-Manifested Presence of God ministries.
Defence-When did you watch the video?
Witness-May 28, 2024.
Defence – Do you know Bill Kapinda?
Witness-He’s a colleague, we come along way.
Defence – Which political party does he supports?
Witness-I cannot answer.
Defence And you which party do you support? Witness-I don’t support any party.
Defence-When you watched the video, did you hate the government?
Witness-No!
Defence-After watching the video, you did not hate the government?
Witness-No!
Defence-Do you know what contempt mean?
Witness——-‐—-
Defence- In your church how many people watched the video?
Witness-I don’t know.
Defence-Did you watch the video alone?
Witness-With my wife.
Defence-Did she tell you that she hated Zambia?
Witness-No!
Defence-Did the accused person made an accusation of the Republic of Zambia?
Witness-Yes !
Ddfence-The accused person did not break the law by calling the police?
Witness-No
Defence-In the video is there anything that the accused broke the law?
Witness – There was no breaking of the law it’s just about what I felt.
Defence-You saw the video on the PF Facebook page. Have you shared the link so that the court can check?
Witness-No.
⁹
Defence- Is it true that on the morning Jay Jay Banda was reported you were concerned?
Witness-Yes.
Defence-You were alarmed that at the level of MP gone missing?
Witness – Yes
Defence – Did you report?
Witness-No.
Defence – The reason you never felt concerned was because you never felt connected?
Witness- No
Defence-Between you and Kaping’a who reported the matter to the police?
Witness-Kaping’a
Defence – Are you aware of a riot broke up because of the video?.
Witness-No
Defence – Are you aware of any public protest? Witness-No
Defence – Do you understand the content of the whole video?
Witness-No
Matter adjourned to 20 August, 2024
Credit @Mbili Reports