UPND CADRE’S POLICE MEDICAL REPORT DOESN’T INDICATE THAT HE WAS SHOT WITH A GUN – STATE WITNESS
Lusaka… Monday March 3, 2025
A STATE witness has told the Lusaka High Court that the medical report for UPND cadre, Emmanuel Simposya, issued at Ndabala Police Post does not in any way indicate that he had been shot with a gun.
The court also heard how the UPND campaign team went to the area where the opposition Socialist Party (SP) was campaigning from as scheduled by the Electoral Commission of Zambia (ECZ), resulting in the violence.
UPND Mkushi District youth chairperson Anthony Kaineti, 33, testified before Lady Justice Ruth Hachitapika Chibbabuka that he was fully aware that normally, the police medical report will expressly state the cause of injury just like when a person has been stubbed.
Kaineti told the court that Simposya’s medical report that was issued at Ndabala Police Post did not show that his injury was caused by a gun shot.
He was testifying, Friday, in a matter in which SP president Fred M’membe is charged with unlawful discharge of a firearm and assault occasioning actual bodily harm (OABH) during the Muchinda Ward council by-election campaign in the Kamalamba area of Serenje District in 2023.
In the first count, allegations are that the opposition leader, on April 8, 2023 in Serenje District, with intent to maim, disfigure or cause grievous harm, wounded Emmanuel Simposya without any lawful justification.
In the second count where he is jointly charged with his Bodyguard Daniel Mumba, M’membe is alleged to have assaulted the ‘victim’ in question on the material day.
Particulars in the last count are that the two accused persons allegedly assaulted Haggai Kwenda.
In his testimony, Kaineti said he was aware that the opposition political party was campaigning in the area as scheduled by the ECZ but his team was only passing through on their way to Ndabala, where another UPND team was camped for purpose of delivering foodstuffs.
“It was on April 8, 2023, when we arose in the morning with my friends going to Muchinda Ward of Serenje District from Mkushi. We went to assist our friends to campaign, and upon arrival, we went straight the main command centre where we met our leaders,” Kaineti narrated.
“On that particular day, we were told that it was not our day to campaign, but the Socialist Party in that area. We were told that we would only dispatch food on that particular day. Thereafter, a group that I had gone with were divided and mixed with the groups we found at the centre. I travelled with Elizabeth, Haggai and Mary. We went the route leading to Ndabala to take food.”
Kaineti also told the court that contrary to the phone call he had received whilst conducting party activities in Muchinda Ward, Simposya was not shot dead.
He narrated that on their way back to Mulilima, his team rushed to the Mothers’ Shelter, a place where the SP was holding its public meeting, after receiving a phone call suggesting that Simposya had been shot and that he died on the spot.
Kaineti stated that upon arrival at the Mothers Shelter and disembarking from the vehicle, he saw M’membe from a distance surrounded by a group of SP members while firing warning shots in the air and picking up things on the ground.
Kaineti however said he could not narrate what triggered the violence as he was not on the scene and that he did not ask Simposya why he opted to pass where the opposition was having a public meeting.
“I parked the car near the entrance to the Mothers’ Shelter. I stepped out, and when looked in front I saw Haggai carrying Simposya on his shoulder. Haggai’s clothes were soaked with blood and Simposya appeared powerless,” Kaineti narrated, adding that: “I advised the people I was with to lie down on the grass because of the stones that were being thrown at us.”
Asked during cross examination by Defense Counsel Boniface Chiwala, what the distance was between where they were hiding and where Dr M’membe stood, Kaineti confirmed that there was a bush in between.
Defense Counsel: Between where you hide, and where Dr M’membe was, where there a lot of people?
State Witness: Yes.
Defense Counsel: Was there a bush in between you and where Dr M’membe stood?
State Witness: Yes
Defense Counsel: And Dr M’membe was surrounded by a lot of people?
State Witness: Yes
Defense Counsel: But in hiding, you still managed to see Dr M’membe picking things on the ground?
State Witness: Yes
Defense Counsel: Does Serenje receive a lot of rains, and in that season, you were hiding in the grass?
State Witness: Yes
Defense Counsel: Confirm that according to your evidence, Dr M’membe shot in the air?
State Witness: Yes
Defense Counsel: Confirm the crowd dispersed and you saw people running, so what was the purpose of hiding?
State Witness: We were afraid of the gunshots.
Defense Counsel: What was the purpose of firing shots in the air?
State Witness: I don’t know. I don’t deal with guns.
Kaineti who struggled to explain the purpose of a warning shot, testified having chased Dr M’membe’s vehicle as he left the Mothers Shelter.
Defense Counsel: When you saw Dr M’membe drive out, you said that you followed him?
State Witness: Yes
Defense Counsel: Confirm that you used a tarmac?
State Witness: Yes
Defense Counsel: Dr M’membe used which route?
State Witness: He equally used the Tarmac
Defense Counsel: So you can use the tarmac when going to Kamalamba basic school?
State Witness: Yes
Defense Counsel: People coming from Mulilima, can get to Kamalamba Basic School using the tarmac?
State Witness: Yes
Defense Counsel: So did you ask Emmanuel Simposya why the opted to pass where the opposition was having a public meeting?
State Witness: No.
Defense Counsel: You agree that the Command Centre for UPND was at Kamalamba?
State Witness: Yes
Defense Counsel: Was it then right to pass where there was an opposition meeting instead of the tarmac?
State Witness: Because they always used that route
Defense Counsel: Are you aware that the Court went to the scene?
State Witness: Yes
Defense Counsel: You agree with me that the gravel to Kamalamba School, there is a dump place where Water sticks?
State Witness: Yes
Defense Counsel: And there is water that is stagnant there?
State Witness: There is ilungu.
Defense Counsel: When you say ilingu, what do you mean?
State Witness: It is a place near the river and contains water
Defense Counsel: So it makes sense that people should prefer to use where there is water than where the tarmac is?
State Witness: Yes
Defense Counsel: So it is good to avoid the tarmac and use where it is waterlogged?
State Witness: Yes
Defense Counsel: How far is it from Mothers Shelter to Kamalamba?
State Witness: It’s not far
Defense Counsel: When you are standing at mothers’ shelter, can you see Kamalamba?
State Witness: Yes it is visible.
The matter has since been adjourned to Friday, March 7, for continued trial.