February 2007
DPP Enters Nolle In Hyden Family Murder Case
By Madube Pasi Siyauya
THE Director Of Public Prosecutions (DPP) has entered a nolle prosequi in a matter in which four people were arrested in connection with the murder of the Hyden family in Kabwe.
The four were allegedly connected to the crime by a worker of a neighbouring farm who had dreamt that he was fighting with a white person. Kabwe Principle Resident Magistrate Egispo Mwansa discharged Aaron Yamba, Billy Mwape, Peter Kalale and Modrine Mbanja after the DPP Chalwe Muchenga entered a nolle prosequi on January 24, 2007.
The four, who were employees of Trevor Watson, were arrested last year and charged with the murder of their boss' neighbours - the Hyden family who included Michael Hyden, Caroline Hyden, John James Hyden and Fionna Hyden on August 5, 2006.
In December 2006 Legal Resources Foundation Lawyer Tutwa Ngulube applied for a writ of Habeas Corpus seeking the release of the four from custody.
On January 8 this year High Court Judge Timothy Katanekwa ruled that he could not release the four from custody because the DPP was still studying their docket.
On January 16, Ngulube applied for a preliminary inquiry in the matter but the state failed to provide witnesses for the inquiry.
DPP Muchenga issued instructions and entered a nolle on January 24 and the Divisional Prosecutions Officer for Kabwe, Isaac Chewe, presented it to court on February 27.
The four were released by the magistrate and thanked the LRF for the assistance.
When he was in pison Yamba, Kalale and Mwape had given to The LRF News from Mukobeko Prison and explained their fate.
Yamba had told LRF News that he was a house servant for Trevor Watson of Memaco Farms, which is next to the late Hydens' farm.
Yamba said his contract had expired on August 1, 2006 pending renewal and he returned his home at Site and Service in Kabwe.
He said on August 5, he received a phone call from his employer Watson, telling him about the murder and on August 9 Watson went to pick him up from Site and Service so that he could assist in preparing food for mourners.
Yamba said on the day the murder was committed, he had dreamt that he had a fight with a white person.
He said he shared the dream with his wife, who also later told a friend. The friend also informed the police about the dream.
Yamba said this dream was not strange as he had worked for Watson for the past 30 years and he usually dreamt about white people.He said on October 8, he was arrested by officers who allegedly tortured him and told him to reveal more about his dream.
Yamba said the officers took him to Mukobeko Police Post which is isolated and allegedly tortured him for two days.
He said when he was taken back to the police station he was told to walk properly and not show any signs of having being beaten.
On October 13, he was taken to court but did not appear and the matter was scheduled to come up on October 27.
The other people who were arrested with Yamba are Billy Mwape, 49, a watchman at Memaco farms, Peter Kalale 44, a driver for Watson and Modrine Mbanja 36, who was a house servant for the slain Heyden family.
Mwape said his main duty as a watchman was to watch over machines and switching on the water pump at around 04:00 hours.
He said on that day around 04: 45 hours when he was going to switch on the water pump, he saw fire at the Hyden's farm.
When he went there, he found that a Landrover was on fire. He said he called Hyden three times when there was no response he called out his daughter.
When he could not get any response, he blew his whistle three times to alert neighbours.
Then the Hyden's maid Modrine came out with her children and he told her to tell her masters that the Land Rover was on fire. When they went near, they saw a body in the Land Rover.
They went to wake up Kalale because he was the one who was used to the Watsons' dogs so that they could wake up Watson. When they woke up Watson, they went to the house and when they entered they found the dead bodies. Watson called the police and at around 09:00 hours, they picked up the bodies.
Kalale and Mwape said they were told that they were picked up in connection with the murder because Yamba had mentioned them in his dream, but Yamba has refuted the accusation.