United Party for National Development (UPND) member William Banda has been acquitted for his offence of attempted assault to MUVI television Journalist Lloyd Kapusa.
Mr Banda who appeared today before Lusaka Magistrate Boniface Mwiinga in the company of his lawyer Martha Mushipe pleaded guilty to the offence when the matter came up for plea on September 4, this year.
This is in a matter were Mr Banda was charged with assault occasioning bodily harm contrary to section 248 of the penal code and chapter 87 of the laws of Zambia.
However today when the matter came up for commencement of trial, complainant in the case Lloyd Kapusa made an application to court to have the matter withdrawn.
Mr Kapusa told court that he intended to withdraw the matter after carrying wider consultations adding that the media has been in the forefront in preaching peace, forgiveness and reconciliation therefore he saw it fit to forgive Mr Banda.
He further told court that Mr Banda has shown remorse for his action, and did reservedly apologize in person to him, to media organizations and the nation at large.
In passing ruling on the application Magistrate Mwiinga told court that it was the complainants constitutional right to withdraw the matter if they feel so according to the criminal procedural court section 201 and section 8.
Magistrate Mwiinga however told the complainant to inform the court on any conditions that he felt should be attached to the withdrawal.
In response Mr Kapusa told court that he had no conditions to add but that his condition was that of forgiveness.
But Prosecutor Cephas Ng’onga reminded the complainant that the court has every right to refuse the withdrawal if there are no sufficient grounds adding that there had been media reports published in relation to the matter suggesting that the two had meet and that there was an inducement given to the complainant for him to withdraw the matter.
Further Mr Ng’onga asked Mr Kapusa to clarify the statements so that the court could record a pure withdrawal than that of an induced withdrawal.
Mr Kapusa however told court that if such statements where there then the police at which the report suggest they met should have the record but later changed and told court that his withdrawal was merely out of forgiveness.
It was at this point that defence lawyer Martha Mushipe asked court to stop interfering with the complainant’s stance adding that the complainant had stated his reasons and was satisfied to have the matter withdrawn.
Meanwhile Magistrate Mwiinga told both parties that in the interest of justice and reconciliation in accordance with section 201 and section 8 upon which reconciliation were established in the constitution an acquittal can be granted or denied considering the prevalence of such cases in the country.
But he further told court that he had no objection but to guarantee an acquittal to the defendant.
This is in a matter where it was alleged that Mr Banda on August 22, this year did assault Lloyd Kapusa thereby occasioning bodily harm when he was filming at Woodlands police station when Mr Banda was being interrogated by government joint investigation team for been in possession of properties suspected to be proceeds of crime.
ZANIS
I feel for you Mr. Banda. I did not agree with your action but you are human too.Â
ADYAMO ,NI NKANI YA NICHEKELEKO HAHA NI PA PA ZED………..
nkani yapa Zed. ana dyamo reporter. he has compromised but Banda should also grow up. Next time he might not be lucky.
Judicial reforms, Magistrate Mwiinga????
Banda s daughter looks palatable, ba mudala as a token of appreciation can you donate your daughter to me???
PF members are so vengeful. Our man is INNOCENT!! Viva Judiciary, viva UPND!
stanyoko
Considering the withdraw of this case by complainant, the judges should have put probation or restraining order on mr Banda stating that if he Banda is involved in similar case in future, Mr Banda would be  proscuted without trail.
WHAT DO U MEAN PROSECUTION WITHOUT TRIAL?
Iwe ka chichi up tanga mutoilet or u are a transporter uko ku ameria tawasambilila,u can’t tell people who work in courts to keep the places clean, get stuffed and get a life,u are stil Zambian iwe ulibe na nchiti yanzelu,those who wear suits have stable jobs and settled home and u,rubish
Sad state of affairs; this Lloyd Kapusa is an utter disgrace to his profession, here is a chap who was nearly strangled to death by bloody thirsty grandpa William Banda and he instead opted for outside settlement of K30 million. It says a lot  about our reporters that’s how cheap these chaps are!!
I didn’t know that Mr Banda can speak soo well. Bravo ba William, you are a humble human being.
Is this the court building am seeing sure. where do these people take bail fees collected. thought can be used for maintainance purposes atleast for the sake of cleaniness. pathetic and sick, no wonder people get sick once in courts in zambia. the lusaka police central station is the same and people occupying those offices sure have no shame at all. better to commit a crime in botswana atleast u can see air conditioned court and plocie premises than our pathetic zambians. peole dress in expensive suits without even feelinf feeling ashamed of the premises were they are operating. cleaniness please twapapata
@Zed Patriot
Yes, the wheel is still spinning but the hamster died.
I don’t follow the story. It says Banda pleaded guiltY so how then does he get acquitted?
@ maxwell, there is nothing wrong with out of court settlement alot of people do it even in the western world, you would be very shocked how many people do it. can u balme the guy for taking the money? what would be the benefit of sending the old man to jail than to eat his money claimed to be proceeds of crime.How much does the guy earn as a reporter to refuse 30 million it would take him 15 months to get that amount of money thats fi he gets 2 million. at the end of the day he got free money. i also Hope Mr banda has learnt a lesson wont be as lucky next time you want to leave that beautful woman behind will entertain her while u in jail.
Well said mwana. I’d also take the money.
When is this man going to grow up???
Lloyd……you are a disapointment to your proffesion.I never new that it was so cheap!! Next time,its me who will beat you and am sure we will negotiate for K35million.
@ Chichi, the building behind is woodlands police station. But mwana wa a Banda ndi chiphadzuwa zedi. Kodi mstikana uyu ndi mbeta? Ine ndifuna kutuma a nkhoswe andipelekele chimalo basi.
Banda deserves to be caged, at his age I expect him to have built enough character to withstand provocation,and be able to manage stress.UPND please take your member for stress management course. One day he will step on a wrong person,it will be hell.The hunter will be hunted
Banda please learn from your victim practice peace
Will this man ever change???
Ako…WTB…nakasenda na girlfriend kalebepa ati mwana….lol…
The reason he has been aquitted is because both confirmed that they were just doing chimbuya and the police mistook it as assault
Nangu walyamo, kuichaila!
The govrmnt should look into the salaries of these jounalists to avoid more embarancement.
Abena Kapusa.Am sure chalilila mulya twabeshibila.Na 20 meter pa tumba.
mmm kuti waikana k30million? olo engafola 5m per month kuichailafye.
muvi NJALA YAKUGWILA BUY YOSELF YO DREAM
To me the important thing is that William Banda has apologized for his wrong actions.Lets learn to forgive and move on.the real issue is not about the K30M settlement but actions and words.
Wise choice to get the K30mil mwana. Go buy booze and make merry after all vilonda vinapola by now.Â
The boy was given k30m cash money who can refuse
Was he  acquitted or discharged:
I do not blame Lloyd, it is him who was attacked so he knows what he is doing. If at all he got the K30m well and good, what about those who still public funds. It was his body which felt the pain not the Post or all those attacking him.
Now, reporters will be trumpled upon their heads by people with means to pay them off when assaulted. Reporters will also be brave enough to sniff more so they are assalted by someone with bucks………….
Hope Willy Banda the thug HH adviser has repented.
TU LYEMO BAKAAMBA 30 MITA NI ZEE MANINGI NA BUJU OVIA EMO BALI MWALABA SHANI UMUCHANGA WALYA FYA