Tuesday, April 23, 2024

State enters nolle prosequi in drug trafficking case against activist Changala

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Brebner Changala
Brebner Changala

Outspoken Human Rights Campaigner Brebner Changala and his sister Agness, who were last week charged with drug trafficking have been released after the state entered a nolle prosequi.

The duo were released Tuesday morning after the DPP applied to the Magistrate that they be released via nolle prosequi.

Speaking shortly after they were discharged, Mr Changala who appeared very calm said he was not shaken by the arrest.

He said he will continue speaking out against the ills of the PF government.

“This is merely persecution. I’m not moved at all. For me, Zambia is more important than anybody else in this country. I will continue speaking out for this great nation,” Mr Changala said before proceeding to the prison to pick his personal belongings.

Mr. Changala and his sister Ms Kawandami were arrested on Friday for drug trafficking after the Drug Enforcement Commission allegedly found in their possession, 25 grammes of ecstasy a sex enhancing drug .Ms Kawandami, a nurse insisted that the drugs the police picked up and are claiming to be ecstasy are infact Vermox tablets used to deworm children.

They pleaded not guilty to one count of drug trafficking yesterday when they appeared before Magistrate Alidah Chulu.

They were due to commence trial on Thursday this week.

61 COMMENTS

    • Ati “washauti” kekeke
      Anyway, Changala need to calm down and counter sue the DEC & Kabimba for wrongful arrest and defamation of character.
      You can’t be accused of being a drug trafficker (a case some Zambians sentenced to death in China) and you walk freely to “speak for Zambian”. No we want these PF start loving citizens.

    • Brebner – Please sue Kabimba and Mutembo in there personal capacities for wrongful incaceration. Teach these 2 buffoons a lesson. Enough of this Mediocrity.

      Equally sue the Director at Drug Enforcement Commision (DEC), in her personal capacity for incompetency. This should teach her a Lesson to be proffesional in future.

    • Before we get carried away with the verdict, we need to understand what a nolle prosequi is. One is discharged under nolle prosequi where the state is implying that the accused is not innocent nor guilty and so the state can re-introduce the case in future if they so wish as this is a protection against the double jeopardy case. The effect on the accused is that they live under the cloud that they may be hauled before the courts later under the same case. In this case, the instrument is being used by the state to intimidate Mr Changala that he ought to remember in future when he criticises the government that he is at their mercy and can be hauled before the courts again. Having seen the conditions in the cells, the aim is to silence Brebner. We all know what the PF government wants …

    • TRUE USING BIG WORDS TO CONFUSE PEOPLE. NI WASHAUTI. ZAMBIANS WE TOLD YOU THERE IS NO CASE. THIS WAS POLITICAL. NOW lets understand what Nolle Prosequi Mean: nolle prosequi (no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. THE STATEMENT is an ACCEPTANCE OR ADMISSION that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution’s claim, or the district attorney has become convinced the accused is INNOCENT. ANOTHER LOSS FOR PF?? GOLOOO 4 – 0 !!!! SUE THEM!!

  1. Abuse of process!! Punishing citizens simply for not agreeing with the status quo. More and more Zambians continue realizing what the PF really is: they were sold a lie during the campaign

  2. When someone is doing their job badly, perhaps it is then time to replace them with someone who can do it well. How many cases is Nchito going to lose?

    • Well I see ten likes, which means that ten people got my point, but allow me this opportunity to clarify it. I am aware that he is not the arresting officer. However, it seems to me that he is either entering a nolle, or simply losing every case he is confronted with. So the question is: what work is Mr Nchito actually doing? Is this not a legitimate question?

    • Perhaps he is sending a message to his boss and just acting professionally by dissent! In short he is saying he will not be used wrongly!

  3. For heaven’s sake how can we have a drug enforcement commission that can not differentiate drugs or was this an order from above to send shivers in the man what a shame for leaders to be scared of their own shadows.

  4. This is serious matter. You can not just pick up people and throw them in cells and later you say they no case to answer.
    Takwaba.

    • @ cindy (AKA Bana mwaba).. it is Washauti ,, no need to counter sue.. you should preach peace,,, one zambia one nation…kekekekekek

    • @Ndobo
      I’m please to read your comment here (one Zambia one nation), your contributions yesterday where quite frankly worrying and left me feeling a “sense” of just how vulnerable we are. We shall all preach peach but continue to call the PF to account.

    • i think you misunderstood me. if we are going to have justice or fairnes, then the truth must be told pain and bare, people must to pretend or be allowed to lie and get away with lies.
      anyway thanks for the comment,,, indeed we will and we should call PF to order when they error

    • Ndobo,
      Hehehehe, i could be your relative or your sister from another mother, have you watched Web therapy? check it out you will know what i mean.

    • Cannot sue because they have not been acquitted. A nolle allows the State to re-arrest them if they so wish. The State uses the nolle to avoid the shame of withdrawing a case for lack of evidence. It is indeed an abuse of the court process and a person’s rights.

    • @Ndobo & Cindy

      Congratulations to the happy cyber couple! I hope baby Mwaba is well. Jiggle his cheeks and give him a kiss from me!

    • High speed mama, it would be more like forbiden love, Bemba Lozi, besides he hasnt payed the 25kgs of diamonds and Gold.

  5. PF Structures/Manifesto:
    President- Swear in, swear at, promise, donchi remember, threaten, disappear, hate bald heads and always point while talking.
    Justice Minister- Threaten, lie, squeeze judiciary, do as I say not as I do, be more arrogant than others, be more equal than others, always be right.
    Defence Minister- Campaign, stop others from campaigning, campaign some more.
    Tourism Minister- Make unrealistic promises, threaten others for not making your dreams (unrealistic promises) work, kill people in your constituency, say nothing about it, be arrogant, be more arrogant.
    DPP- Prosecute, nolle prosequi all your prosecutions, be fat, lie to parliament and any commission, gain more weight.
    Vice President- Be white.
    IG- Arrest any and all non party people especialy those with…

    • Ahahahaha hahah.

      Love the one about “Always point while talking”! And Guy Scott doesn’t need to do anything, just be white!

      I love it – thanks for giving me a laugh Hoodwinked.

  6. PF is a clear political disaster.PF assumes they have never made any mistake since taking control of the country, if anyone or organisation says so,then whoever it is, is a problem to them.Failed project.

  7. Zambian Police, DEC & Judiciary are just one kindergarten! These backflips have eroded the very thin integrity that these institutions are supposed to have as a minimum! The entire system needs an overhaul.

  8. Where is President SATA does he knows why he was voted President of the Republic of Zambia? Does he knows how much money govt will pay these people they arrest at will in compensation in future? Zambians people lets stand up and voice out these careless behavior of PF bcoz even if we keep quiet now and say its not me arrested we should know that it will be our tax payers money which will be used to pay these compensations after SATA is gone in 2016

    • Sata is too arrogant to care. He has the same attitude that GBM has, “tempiya sha banoko!” What else can I conclude when you have someone who wakes up and without budgetary provisions creates new peovinces and districts. Without any budgetary provisions, creates deputy ministerial positions just like that. If the man really cared and understood what he swore to protect and discharge, he wouldn’t behave like a kid in a candy shop or more aptly like a bull in a china shop. Reminds me of those Staff Sergeants at ZNS who felt they were in total power over recruits and could do anything without any retribution.

  9. Good to know and now the Changala’s can move to more progressive issues in their lives. If you are innocent then no one can put a crime on your head because even if you are arrested, in your heart and mind you are a free wo/man.

    • But that is what is happening – innocent people have “crime put on their heads” and sent to jail. Knowing I am innocent doesn’t help me if I’m sitting in a filthy prison cell for a crime I didn’t do.

      Besides, evidence can be manufactured……

  10. A nolle means they can be re- arrested. However, it is clear that the state had no case whatsoever. Civil servants, it is time to be professional and to refuse to be pushed around into doing wrong things.

  11. This blatant abuse of state power is really appalling. In more civilized societies, someone’s job would be on the line.

  12. ok this government was amusing at first with all their little flip flops and baby steps and mistakes and general mis-direction. Now it’s just getting annoying. It’s like almost professional bodies have decided to reduce on their competence levels and general professionalism so that they are in tandem with the low intellectual levels represented by our government. Astounding!

  13. Changala

    We just hope that you have taken enough details of the DEC officers who abused their official powers to harass you and your family. Being instructed by one’s boss is no excuse. They will need to go to jail in 2016…with or without their bosses

  14. Good evening

    These are the things that make people lose confidence in the judicial system. How do you even arrest someone without a thorough investigation or procuring any evidence against the offence?

    It seems we have some individuals engaged in legal gymnastics here.

  15. In today’s Zambia, entering nolle means Mutembo has lamentably failed to secure a conviction. Remedy: Changala, sue Mutembo, DEC officers, Wynter in their individual capacity. Dont let these crazy animals to go scot-free. You never know what they injected into your body while you were sleeping in those cells…remember these are hard-core criminals without any (human) conscience.

  16. Mr Changala – These buffoons main Interest was to have you in Jail on trumped up charges even when they knew they was no case. I asked yesterday when Vernon tablets transformed into ectasy and that any drugs purportedly found in your home will be planted in there by the DEC. They feld to frame now.

    Can you please sue Mutembo Nchito, Wynter Kabimba, Stella Libongani and the buffoon at DEC for wrongful incarceration. Show them we do not anymore torelate such mediocrity in the running of our Countries affairs.

  17. These arbitrary arrests and persecution of innocent citizens will increase and get worse as 2016 draws nearer and nearer and could lead to some targeted people disappearing without trace like in the Kaunda era. It’s like the one party dictatorship is already in force.

  18. This is what happens when politicians becomes everything. The job of the police ,judges, DDP etc is now in the hands of clueless Kabimba. I’m afraid ,this is what is happening in our country. Zambia is now jumping from a frying pan into a pan of fire

  19. The Primary reason Sata appointed all the dull and useless people heading the Justice Ministry, Home Affairs, Judiciary, DPP’s office, IG’s Office, DEC, ACC, and Presidential press aide was to make sure that all these institutions’ thinking capacity is reduced to the low PF level of thinking. PF is allergic to intelligent people. They just rope in all the dull chaps like Kabimba and Libongani. That’s why the intelligent Mumembe is holding some of them hostage, because they are scared stiff of Mumembe like a stiff necked f.o.o.l.

  20. So to posses Viagra is now a case in Zambia? Brothers and sisters please stick to natural Viagra kati mpanga, no jail sentence because its traditionally approved.

  21. Mr Changala’s ordeal made for extremely sad reading; he is truly a most magnanimous fine gentleman and has received his ‘baptism of fire’ from which he surely will remain even more firmly resolved to speak his lungs out! Words are truly sharper than a razor! His sister has been needlessly degraded and abused in her personal and professional capacity. I can see now that ‘something is already giving’, this not-so-funny clowning in our governance standards is appalling at best and repulsive at worst. Godspeed to you Brebner and your sis; we may be far from those filthy dingy cells, but our thoughts and prayers have always been with all those who stand for truth.

  22. Are sex enhancing drugs not allowed in zed? How do I satisfy my partner i so that she doesn’t go for other men? Surely nama bedroom issues the government has to police them.

  23. The POLICE eish…… Arrested Bredner Changala and the sister for ecstasy pills.

    So in their thinking ba DEC and Foolish Libongani Police under Ukwa’s directives think Bredner was using the s.e.x pills on his sister??????

    This is insane.

  24. ZAMBIANS WE TOLD YOU THERE IS NO CASE. THIS WAS POLITICAL. NOW lets understand what Nolle Prosequi Mean: nolle prosequi (no-lay pro-say-kwee) n. Latin for “we shall no longer prosecute,” which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. THE STATEMENT is an ACCEPTANCE OR ADMISSION that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution’s claim, or the district attorney has become convinced the accused is INNOCENT. ANOTHER LOSS FOR PF?? GOLOOO 4 – 0 !!!! SUE THEM!!

  25. I know who is behind this. George chella is the mastermind of this embarrassment. George chella should have consulted with Nchito and the PF- aligned magistrates before botching this thing up. it is really an abuse of power and office. Where are the morals in public office?

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