The Lusaka High Court has granted an application to subpoena Airtel and MTN to provide call records of murder suspect David Chitika upon the death of his wife, Gladys Mabenga.
This is in a matter where Mr Chitika is accused of murdering Gladys Mabenga.
Mr Chitika is alleged to have murdered Gladys last year following a domestic dispute.
He opened his defence on Monday 17th October 2011.
A postmortem conducted by a Lusaka Pathologist Professor Neil Nkanza revealed that Gladys died as a result of strangulation.
But a previous post-mortem conducted by Dr Dennis Musonda cited Cardio-Respiratory Arrest, consistent with hanging, as the cause of Gladys’s death.
However Gladys’s family rejected Dr Musonda’s post-mortem.
This prompted the conduct of a second postmortem by Professor Nkanza.
Mr chitika, you did it. why cant you just plead guilty and save the court’s time.
Mr. David Chitika this case is a bad one all the calls made after the murder will be traced. Its bad how anger can drive one do all sorts of unreasonable things. Wasted career and life. Real men dont sort women by beating and killing. There are just so many women around Lusaka who are looking for men. If you dont agree on one or two things. Call family members if you fail to resolve matters then part your ways. This is a warning to other couples who are having serious differences.Its better to part company when you are both still alive. In the event of death of either a husband or wife family members come out strong opening old wounds and take advantage to victimise the surviving spouse. Please not in this case. Lets wait and hear how our young friend and nephew will put up their defences
The interesting part is how the court will deal with two contradictory expert witness accounts. Was she strangled or died of repiretory failure consistent with hanging?
1# Sam & 2 Bwana Mkubwa. Do not judge as if you have evidence on the matter.
Out of this topic. . Can someone answer my question.
I read in the post news paper todate 17.10.11.. Government is to build houses for second and third Zambian presidents who are BOTH deceased. WHO WILL OCCUPY THOSE HOUSES???
Their surviving spouses and qualifying dependents (as the law dictates)…… and for your own information they already enjoy other benefits in terms of monthly allowances,vehicles and security all paid for by the state.
It’s best to build them houses than pay thousands of dollars in monthly rentals.
What’s your point
The court record indicates that Dr Nkanza’s postmortem report stated that the cause of death was asphyxia due to due to horizontal ligature strangulation over the anterior neck which contradicted Dr Musonda’s report thereby incriminating Chitika and Kunda.@ Mwebantu  . . the Post – 25 Sept, 2011 reads —It also states that on October 4, 2010, HPCZ through its registrar charged Dr Musonda with professional misconduct relating to the postmortem report with a view to taking disciplinary action against him.
In her ruling, judge Chishimba ruled that the decision by HCZ to ask Dr Musonda to exculpate himself was not calculated to prejudice the course of justice.
@ Mwebantu  The Post Sept. 25, 2011 reads
It also states that on October 4, 2010, HPCZ through its registrar charged Dr Musonda with professional misconduct relating to the postmortem report with a view to taking disciplinary action against him.
In her ruling, judge Chishimba ruled that the decision by HCZ to ask Dr Musonda to exculpate himself was not calculated to prejudice the course of justice.
What do you do if you have a naggin wife then by accident you kill her? cover the crime or provide an alibi.The former is common.People aways provide alibi.By looking at phone records, it is quiet easy to locate where David was.Records will be fed into GPS to really locate his coordinates.If he is located outside the crime scene he will be vindicated but otherwise the case will turn against him pretty fast and he will be arrested.If I was him I could plead ‘No contest’ I am neither guity nor innocent. The evidence of strangulation seems to add up.Of course the first autopsy indicated death by hanging.It could have been better if the Doc said death by strangulation induced by hanging, then the odds could have worked for David.Right now is in hot legal soup
come on people everyone knows that this dagga smoking dog killed that woman who unfortunately his wife. they should hang him by the balls. i have no mercy for murderers!
All of us are just spectators with no right to judge because we weren’t there! He may be guilty or innocent but only him, his late wife & God know
@ Mpika boys have been following this case for some time now .  .. . related stories are on the net . . . . evidence did point to Chitika  murdering Gladys.  According to the reliable source who was present  at the scene of the crime . .. namely the maid. Chitika beat her up when she questioned his coming home late. He later dragged her to the bathroom whilst she was breathing and hang her to make it look like suicide. Like she had hung herself  after their dispute. But when the police came to the scene of the crime they realised there was more to the  “suicide”.
#5 Kajimaano, Your observation is timely and valid. There should be no objections to build houses for late presidents families to live in reasoable comfort. However, moderations have to be effected in line with the functions the former head of state. Support personnel be reduced, state functions extentions not included, house would accommodate an office and conference facilities need not be included to widow’s house. This is for obvious reasons that role to have been played by late president can not be done by the living widow. This should reduce the costs on these houses when along the way some of these late heads of state were involved in national plunder or country subjected to their lack of good governance.
Thanks for your reply although I strongly believe that the gvt has already built underground houses for those two deceased presidents. Their families aren’t heros, they are just ordinary people like our relatives hence they should be treated like anyone else. Stay blessed :)
I am lost, how does Airtel and MTN come in?
@Adage . . .after the crime was committed, murder in this case, Chitika called some relatives to help him “cover up”. It was reported that he left the house I guess to discuss what had happened at his home . . . his wife was dead. How is was to be reported and so on. From previous news articles on the same….some of his relatives came home and a few threatened the maid from reporting what had transpired
Coming back to your question on why MTN and Airtel come in? Â . . . My guess is that the mobilphone companies will give details of when and which numbers he dialled. Most likely people owning those numbers will be called to testify. Inorder to ascertain if the main witness . . the maid has told the truth. The prosecutor must prove the defendant’s guilt beyond a Reasonable Doubt
No. 12 Adage, you are a retard! AirTel and MTN are mobile phone companies- every call is literally recorded as a bit! All they need to do, is put the bits together!
MB Who are you to call another a retard for seeking a clarification? silly chap let people feel free to contribute.
@ Adage i think law student has put it very well.
Before you married you know if your wife or husband is from a family of people that go out parties.disco,do keep money in the bank,do work at home,no leaning the house.Now you get a man or woman from the bar,start call ecah other mr and mrs right.Sorry this the issue of Chitika.Don’t marry the name.We have so many street marrieges now in Chilenje,Kamwala,Libala,Kaunda Q,Mutendere and so on.Even Europe,USA the same mr and Mrs right in the bar.I aways tell my children that it is up to you follow my words.Some people are from familis were fighting is part of marriege.In the road Chiti stayed it part of the day and night life.
The man is innocent. Mabenga is vecoming a joke. Let your daughter rest in peace, she is gone. RIP
However dragging her name in this muddy is prving what we all know , another \zambian man with brain of a pea.
so dull, and nauseating
Thanks
Number 5 Kanjimaano it is the wife and the chidren below 21 years and when she is married the children will take over.Persion children 50%,mother,which is wife 20%,both parents if kicking 10% each,adimistrater using 10%,no parents money to the children.Other things to the children and wife,nothing like sister,brother no.Our Kafupi law is children,wife,mother and father 20%.We need to parents even ka 15% each bane in the PF consutution
Thanks for your reply although I strongly believe that the gvt has already built underground houses for those two deceased presidents. Their families aren’t heros, they are just ordinary people like our relatives hence they should be treated like anyone else. Stay blessed :)
#15 MB, #12 is not retard beacuse what the court is asking for is supposed to be done by the prosecution team. The prosecution should have used the phone records as part of evidence and not the court. Quite weird.
RE: @5, Kanji….
Dead or not they are entitled to it, because it is their pension package. just like if a worker/civil servant dies his pension is still paid out to whoever his ‘will’ specifies. The government does not keep the money
From the report its not clear who the court granted the application to: the def or prosec.Either way, each side would would want use the phone records to their advantage. This is supposed to make interesting discourse for those interested in criminal law,. Criminal procedure and the law of evidence, but as usual, the ‘knowlegeable’ have taken over and the result is a hodgepodge of none sense.