THE WITNESS IN THE KAOMA, 2019 MURDER CASE OF LAWRENCE BANDA, THE UPND MEMBER
TWO BULLETS, KILLED LAWRENCE BANDA, NOT ONE – KAOMA HEALTH OFFICIAL
By New Dawn Reporter
A doctor at the Kaoma District Hospital, Stan Israel Kaputula, who attended to late UPND member Lawrence Banda on the 6th October, 2019, has revealed that two bullets could have killed Banda and not one.
Dr. Kaputula who at the time was incharge of the Kaoma Hospital, has testified in the Mongu High Court that he shaved Banda and found two entry points and not one.
Dr. Kaputula has contradicted the testimony given earlier by a Doctor from UTH, Pathologist Dr. Adam Mcheleng’anga, who said there was only one entry point on the head.
More in the verbatim….
DAY THREE 06 OCTOBER, 2022.
Stan Israel Kaputula, aged 36, I am current the Health Director Nyangweshi Hospital, in Sioma, Medical Doctor, I have been working for 7 years, trained Ridgeway Campus UNZA, Bachelor or Surgery and Medicine.
Worked from Lewanika Hospital for two years, transferred to Kaoma District Hospital as Director Officer in Charge for about 3 years.
My general responsibility at Kaoma General Hospital, was running both administrative and clinical of the hospital. Then later on transferred to Siaoma General Hospital as Director where I am now.
Prosecution: Yes, in October 2019 where were you?
Dr Kaputula. In Kaoma at Kaoma District Hospital.
Prosecution: Do you recall what happened on 6th?
Dr. Kaputala: Yes, I do. On the same date I was coming from Church and when going home you have to passed through the hospital and I noticed that there were a lot of commotion at the hospital, I am not sure but that was after 12 hours.
I went to investigate and sort to know what was happening, I went to the outpatient department and I found that there were a lot of people and as I was attending to some of them, a victim was brought on the stretcher and brough to the OPD. He had…
I noticed there was bleeding and had blood all over his body, I decided to investigations what was the source of this bleeding. Upon examination I noticed that the blood was from the head. I shaved his head; I noticed some puncture wounds and I decided to suture the wounds and sent the person to the Xray after suturing.
As he was leaving another victim came, who also seemed to have a wound on his upper arm, I examined him and saw that his wounds were not very serious and sent him for xray.
The first victim retained who was wearing a red t shirt who had the head injury, the x-ray revealed some fragments. Which I concluded that where bullets fragments which had entered into his head.
I then cartelised and sent him to the ward, cartelisation is to put a tube for him to urinate. And sent the x-ray to my seniors. To the Saigon here at Lewanika. Then I proceeded to the ward and was joined in by Dr. Makawo, and proceeded to attend to the patient and reviewed him once more over his head injury. We noticed that the pupils were not dilating equally, which indicates pressure in the head, so we released some of sutures that I had made earlier on to release the pressure.
The bleeding continued and we failed to arrest it. As well as we were attending to the patient the power collapsed. Because of the commotion that was around the hospital we decided not to inform the people that he had died. Those who were making noise where members of the UPND and the PF. About an hour later, was advised to airlift both victims by Dr. Makawa.
So, we took both patients, the one with the head injury and the one with the arm injury to the transportation bay. The Plane came and we took both patients with injuries on the plane. We delayed a bit putting the victims in the plane because we had a debate. Because we couldn’t transport the dead one too without alerting them.
So after they consulted the flying Doctors, they allowed to transport even the dead body. That is how I went back to attend to other patients at the Hospital.
Prosecution: You said you had a debate, what was the debate about?
Dr: Kaputula: The issue was there was no need to airlift (evacuate) a dead body.
Prosecution: You said the patient with a head injury was sutured, why was he sutured?
Dr. Kaputula: The head was still bleeding, and to reduce the excessive bleeding a decision was made to suture him.
Prosecution: Apart from suturing if there is any other medical method of stopping bleed, kindly, state whether there is another method to reduced or arrest the bleeding?
Dr. Kaputula: We cover the head that is head dressing in order to compact the wound. We also use some drugs.
Prosecution: Which part of the head was sutured?
Dr. Kaputula: I can’t remember the exactly position.
Prosecution: that will be all my lord for this witness.
Cross examination by the defence now…
Changano: Doc, what time did you attend to Lawrence Banda?
Dr. Kaputula: The exactly time I am not sure that is why I am saying after 12hours.
Changano: After 12 hours. I have mentioned the name, did you know the name of the person?
Dr. Kaputula: I didn’t know the person.
Changano: You didn’t know him personally, personally meaning interaction with someone is it what you mean?
Dr. Kaputula: Yes, my lord.
Changano: You said they were two victims even the other you one you don’t know that person?
Dr. Kaputula: No, my lord.
Changano: So, the person you are saying he died afterwards, how was he dressed?
Dr. Kaputula: The only distinction was a red t-shirt.
Changano: Doc, you have 7-years’ experience, not so?
Dr. Kaputula: Yes, my lord.
Changano: Doc, the victim you are saying he was brought to the hospital was alive, not so?
Dr. Kaputula: Yes, my lord.
Changano: There were no females?
Dr: Kaputula: Males.
Changano: The person you are saying he died after wards how was he dressed?
Dr: Kaputula: The distinction was he wore a red T-shirt.
Changano: Doc, you have seven years’ experience, isn’t it?
Dr: Kaputula: Yes.
Changano: The victim you are talking about you found them when you were coming from church, he was brought to the hospital because he was arrive?
Dr. Kaputula: Yes.
Changano: So many people injured in so many ways, but doctors can make that person live, you can do that isn’t it?
Dr: Kaputula:Yes
Changano: You are aware of situations in this country where you bring patients but doctors delays and nurses delays and that someone dies. Have you got that experience in your seven years?
Dr. Kaputula: Yes
Changano: Yes, you see that is where the problem is. Even if it is alleged that Lawrence Banda was shot at by unknown person but he was gotten from the scene to Kaoma hospital not dead.
Dr. Kaputula: Yes.
Changano: Before you attended to these patients did any doctor or medical person attend to them?
Dr. Kaputula: No…
Changano: How did you know that no one attended to that person?
Dr. Kaputula: On arrival that patient was brought direct to me.
Changano: That is not my question…how did you know that no one attended to that patient?
Dr. Kaputula: The patient was brought direct to where I was upon arrival.
Changano: Okay… What was your first step to the one you said died?
Dr. Kaputula: To identify the source of the bleeding.
Changano: You identified the source of bleeding. If you doctor with the (level) of your education you say let me identify the source of bleeding, your aim was to prevent the bleeding, isn’t it?
Dr. Kaputula: To stop the bleeding.
Changano: And if you are training as a doctor to take care of our lives, you knew that bleeding can be stopped.
Dr. Kaputula: Yes, my lord.
Changano: Yes, if you don’t stop (the bleeding) seven years, as a doctor it means that doctor has failed to stop the blood. Yes or No?
Dr. Kaputula: No
Changano: If your answer is no, in this case did you stop the blood?
Dr. Kaputula: Yes.
Changano: And the idea with that, when you stop the blood (he is corrected) the bleeding my lord, the idea is for someone to survive isn’t it?
Dr. Kaputula: No.
Changano: So if you stop the bleeding the idea is that someone’s life must be revived.
Dr. Kaputula: Yes.
Changano: In this case you failed?
Dr. Kaputula: No, my lord.
Changano: So, if you didn’t fail, where is Lawrence Banda?
Dr. Kaputula: He is no more.
Changano: So, in short you failed?
Prosecution: (Stands up and guides)
Changano: You said that again you took another step of suturing the wound, is that what you are saying?
Dr. Kaputula: Yes…
Changano: what was the purpose of suturing?
Dr. Kaputula: To stop the bleeding.
Changano: When you too the step to suture the wound, did it stop bleeding?
Dr. Kaputula: Yes, it did.
Changano: And the idea as a doctor well trained for seven years doctor, stopping the blood, is making sure that you needed the life of Lawrence Banda.
Dr. Kaputula: Yes
Changano: Still more you didn’t make it, isn’t it?
Dr. Kaputula: to serve the life.
Changano: You didn’t make it, isn’t doctor?
Dr. Kaputula: Yes I didn’t make it.
Changano: You failed. Dr Israel you failed….
Dr. Kaputula:I failed to serve life of Lawrence Banda, it is very bad that I failed.
Changano: Doctor, I heard the third method of stopping blood or bleeding, what do you call that?
Dr. Kaputula: Dressing.
Changano: Dressing, when you did the dressing, the idea was that we should have him Lawrence Banda in whatever circumstance of the injury, isn’t it?
Dr. Kaputula: No……
Changano: When you where dressing the head what was the idea?
Dr. Kaputula: To stop further bleeding and other infections.
Changano: You see, in fact I am very interested in an infection. As a doctor you know that the infection can kill, you know that doctor, am I cheating?
Dr. Kaputula: You are not cheating.
Changano: You see doc, what infection where you preventing? I want to know maybe I know a little from my biology.
Dr. Kaputula: The infection in general as a secondary ….
Changano: You know primary is the starting point and secondary you must understand it, so it is the level, what were you preventing, secondary or primary infection?
Dr. Kaputula: Secondary infection.
Changano: Definitely I will agree you with you my doctor, I am not here to torture you, but you know that even secondary infection is dangerous to this body. Yes or no?
Dr. Kaputula: Yes.
Changano: Even in the secondary you realised you can serve life of the victim, isn’t it?
Dr. Kaputula: Yes
Changano: Was he served from this secondary one?
Dr. Kaputula: Yes
Changano: Doctor, we had a doctor yesterday from Lusaka, a pathologist, he said he had some officers who went there, he did not show us the BID report from police that he was Brought In Dead in UTH, do you have the BID report that went with the report to Lusaka?
Dr. Kaputula: No
Changano: So, you have no evidence to prove that he died in Kaoma before this court that Lawrence Banda died in Kaoma?
Dr. Kaputula: No.
Changano: Let me leave because you have said that, I want to leave chance to others. So, Doc, the negligence was between you and UTH Lusaka, isn’t it?
Dr. Kaputula: No.
Changano, you said the pupils were not operational equally?
Dr. Kaputula: Yes
Changano: Doc, it is your evidence in this court which I want to understand, you had sutured this person to put more pressure for him not to operate properly and you had to remove some sutures to release the pressure, is it not true?
Dr. Kaputula: True, my lord.
Changano: He died from the sutures…I have no further questions for this witness
Jonas Zimba: Doc, I have to state that I am inspired by your credentials and the work that you do to serve lives. Congratulations.
Dr. Kaputula: Thanks my Lord.
Zimba: Doc, what you said is that when you got to the Hospital, you were given some sort of History. Is that your testimony?
Dr. Kaputula: Yes, my lord.
Zimba: At the time you got to the hospital both patients where alive, is that your testimony? Isn’t it?
Dr. Kaputula: Yes, my lord.
Zimba: From the history you were given, you can confirm that what you were told that two political parties were involved in a fight, isn’t it?
Dr. Kaputula: Yes, my lord.
Zimba: You were also told that there was a use of a gun in that incidence, isn’t it?
Dr. Kaputula: Yes, my lord.
Zimba: Where you also told that a person that had a gun was a person on a motor bike?
Dr. Kaputula: I can’t remember those details, my lord.
Zimba: Not remembering these details can mean that you were given but you cannot just recorrect, isn’t it?
Dr. Kaputula: Either, my lord.
Zimba: In Kaoma did you hear about person called Chola Simwala a retired soldier?
Dr. Kaputula: I have heard about him, my lord.
Zimba: Would I be right to say you heard about him in the context that he was a UPND cadre?
Dr. Kaputula: Yes, my lord.
Zimba: Would I also be right to state that after the incidence of the 6th October, 2019, which is today 3 years after, you did hear that this person was actually taken to Court in Kaoma?
Dr. Kaputula: Yes, my lord.
Zimba: The reason for him going to court is that he had fired the fired gun, isn’t it?
Dr. Kaputula: I can’t remember the details.
Zimba: Doc, my view is that the job you do is noble one, I pray that God increase your days. Now please tell the Court who gave you the history you have told Court today?
Dr. Kaputula: Which history?
Zimba: What you said was that when you got to the hospital, you got the history as regards to the patient, who gave you that history?
Dr. Kaputula: I can’t remember who gave me that history.
Zimba: Let me move away from that, when you noticed that the pupils were not dilating equally and died, did you certify the person dead?
Dr. Kaputula: I just declared him dead but I can’t remember if I certified him dead.
Zimba: Is that declaration of death before court?
Dr. Kaputula: No, my lord.
Zimba: Did you write on the file that he is dead?
Dr. Kaputula: I can’t remember writing that on the file my lord.
Zimba: The ordinary procedure is that the file is open, vitals are taken …. What was your conclusion?
Dr. Kaputula: That the end, that person was admitted, catheterised because he was still alive.
Zimba: Is that book (admission) before court today?
D. Kaputula: No, my lord.
Zimba: When this patient came and you were making observations, did you prescribe liver test or alcohol test?
Dr. Kaputula: I can’t remember the exactly details…., my lord.
Zimba: Was the liver function tested?
Dr. Kaputula: It could have been there my lord.
Zimba: Do you remember that you did not tell the Court about that?
Dr. Kaputula: No, my lord I did not.
Zimba: Thanks witness for your answers, continue being a good Doctor.
The defence continue with cross-examination with Makebi Zulu.
Good morning doctor:
Dr. Kaputula: Good morning my lord?
Makebi: Congratulations for being a District Medical Director of health.
Dr. Kaputula: Thank you.
Makebi: I know time has passed and you may have forgotten. Do you remember you gave a statement on 14th October, 2019, right?
Dr. Kaputula: Yes.
Makebi: The statement was taken by Mr. Mwaala a police officer, right? You can’t remember the name…
Dr. Kaputula:
Makebi: In you statement, I have noted that you said that you were at the hospital at the time the patient was brought, right?
Dr. Kaputula: Yes.
Makebi: But in your statement here you said that you got to the hospital and found commotion. When you got to the hospital you found that there was someone who was wounded. Right?
Dr. Kaputula: yes, there were some victims…
Makebi: It’s not that the person who was wounded found you in the hospital.
Dr. Kaputula: Yes.
Makebi: So, it is not correct to say that the patients were brought direct to you, because you found them there…
Dr. Kaputula: I am not sure because I was already…
Makebi: In your statement you said, you work as medical Doctor and on your way from the Church and when I went to the hospital I found two male patients.
Dr. Kaputula: Yes
Makebi: So, you found them. Right?
Dr. Kaputula: Yes Yes Yes.
Makebi: And obviously you started attending to them.
Dr. Kaputula: Yes.
Makebi: Confirm that you observed bleeding from the person who was wearing a red T-shirt?
Dr. Kaputula: Yes
Makebi: And you proceeded to shave?
Dr. Kaputula: Yes
Makebi: And found two puncture holes on the head?
Dr. Kaputula: Yes
Makebi: And you being as trained as you are, you would have suggested that the two puncture holes may have been made by something that entered and came out.
Dr. Kaputula: Yes
Makebi: If not that, of the puncture were on those two positions differently? Right?
Dr. Kaputula: Repeat the question.
Makebi: The nature of the two puncture holes that you saw was there a point you saw that there were entries or exit?
Dr. Kaputula: Two entries.
Makebi: Two entries. So, if there were two entries it mean that ordinarily we have to find if he was shot two bullets in the head if he was shot, right?
Dr. Kaputula: Yes
Makebi: And you can confirm that you carried out an X-ray?
Dr. Kaputula: Yes.
Makebi: And that X-ray reviewed to you that there were fragments of a bullet.
Dr. Kaputula: Yes
Makebi: That of two bullets, fragments that you say you found…
Dr. Kaputula: yes…
Makebi: Have you come with the X-ray?
Dr. Kaputula: No.
Makebi: And you will agree with me that there was no surgical procedure that was conducted to remove the fragments.
Dr. Kaputula: In Kaoma No.
Makebi: As a matter of fact, in Kaoma there was nothing?
Dr: Kaputula: No
Makebi: You have not come with the X-ray, right?
Dr. Kaputula: No
Makebi: The X-ray could have assisted us to confirm the testimony that you have said, right?
Dr. Kaputula: Yes.
Makebi: If someone came and said there were no bullet, fragments in the head, it may not be the same person that you examined, right?
Dr. Kaputula: No.
Makebi: Because you are very certain that there were fragments in the head, right?
Dr. Kaputula: Yes.
Makebi: And the next route will take obviously is the view of that person’s skull is like?
Dr. Kaputula: Yes
Makebi: And the entries that you saw were consistently on the skull that they were two entries on the skull, right?
Dr. Kaputula: Yes.
Makebi: Was there any fracture on the skull?
Dr. Kaputula: On that one I can’t recall.
Makebi: If we had an X-ray it could refresh your memory right?
Dr. Kaputula: Yes.
Makebi: But what was so clear about the skull is that there were two entry points. Right?
Dr. Kaputula: Yes.
Makebi: And the two entry points were distinct right?
Dr. Kaputula: The exactly distance can’t tell, but there were two…
Makebi: Yes, my lord, What I am trying to tell is if you are able to tell the distance between the holes.
Makebi: Approximately how many inches were apart?
Dr. Kaputula: I can’t really say,
Makebi: That is why I am asking you to approximate.
Dr. Kaputula: I can’t remember…
Makebi: (Makebi shows the witness the exhibit given by Dr. Mcheleng’anga of a skull showing a point where the bullet entered) so, I have an example of a skull right here, I want us to identify it will all appear like this on the paper.
Dr. Kaputula: No
Makebi: It will not appear like this?
Dr. Kaputula: No…
Makebi: If the, appearance was like this skull, you would have noticed it, right?
Dr. Kaputula: Yes. X-ray
Makebi: But then you have deprived us the use of the X-ray that you took at Kaoma Hospital.
Doc, thank you for coming.
Makebi stands down.
Court: Re-Examination:
Prosecution: No my lord.
(Shebby Chilekwa and Madam Mumbi Phiri leaving court last week)