|
DPP Enters Nolle In UTH's Finance Bank
Robbery Case
By Perpetual Sichikwenkwe
The Director of Public Prosecution (DPP) has entered a nolle prosequi in a
matter involving a Lusaka's Kanyama resident accused of being behind the
attempted murder and robbery at the University Teaching Hospital (UTH)'s
Finance Bank branch last year.
DPP Chalwe Muchanga entered the nolle prosequi after Webster Shamuyombwe
asked Legal Resources Foundation (LRF) to intervene in his matter as he had
not appeared before the court since December 14, 2005.
Shamuyombwe was accused that on November 14, 2005 whilst acting together
with unknown people, attempted to murder Patrick Kuyeli who was guarding at
Finance Bank's UTH branch and that whilst armed with a pistol, stole a brief
case, one trunk containing K66 million cash from Emeldah Milanzi Mulwanda,
the property of Finance Bank Zambia Limited and before stealing used or
threatened to use violence in order to prevent resistance to have the
property stolen.
But DPP Muchanga entered the nolle prosequi on grounds that Shamuyombwe was
wrongly arrested and that there was no evidence linking him to the attempted
murder and aggravated robbery.
“Now these presents are to authorise the entry in the record of
proceedings that proceedings are discontinued by my direction pursuance to
the powers vested in me by section 81 (1) of the Criminal Procedure Code
Cap. 88 of the laws of Zambia” read part of the nolle prosequi dated July
11, 2006.
Shamuyombwe, whose matter was highly publicised in the media after the
police announced that they had caught and arrested the man behind the
robbery and attempted murder of a security guard at UTH's Finance Bank
branch, has since threatened to sue the police and the state for defamation
of character, assault and compensation for unlawful detention.
Shamuyombwe told The LRF News in an interview that on November 24, 2005 at
about 05:00 hours, police officers from Lusaka Central Police went to his
house in John Laing but did not find him as he was with his second wife in
new Kanyama.
The officers searched his house and got away with his passport and photos.
The officers later returned the things they got from his home and instead
got his vehicle, a Toyota Corolla registration no. ABC 2572. His wife sent
his nephew to inform him about what had happened. Shamuyombwe went to John
Laing Police Post to lodge a complaint but the officer that attended to him
advised him to follow up the matter with Lusaka Central Police Station.
“After the advice by the officer I went to Lusaka Central Police Station
where I introduced myself and after the introduction, I was told to
accompany the officers in one of their offices where I was interrogated over
an aggravated robbery and attempted murder case at UTH's Finance Bank
branch. I denied the charges because at the time they were alleging, I was
actually in bed suffering from TB”.
“I was beaten and told to either accept that I took part in the case or
name the people that were involved since I was said to be the master mind of
the crime,” Shamuyombwe said.
He said that his wife was also detained at Chawama Police Post for failing
to produce the white book for the vehicle and the gun that they said he had
used in the robbery.
Shamuyombe said on December 14 2005, he appeared at the subordinate court
before Margistrate Hampande for mention and pleaded not guilty.
In April 2005, Shamuyombwe complained to LRF paralegal in charge of prisons
Mwaanga Malambo that since December 14, 2005, he had never appeared in court
and that he was wrongfully charged.
Malambo followed up the matter with Lusaka Central Police Division
Prosecutions Officer (DPO) who said that after his investigations, he found
nothing in the indictment linking Shamuyombwe to the charges leveled against
him and that the police had arrested a wrong person.
The DPO promised to hand the case record to the DPP who on July 11 2006
discontinued the case and entered a nolle prosequi. Shamuyombwe was realsed
from Lusaka Central Prison on July 28 2006.
Shamuyombwe said he was grateful with the assistance rendered to him by LRF.
|
