THE Ndola High Court has acquitted former United Party for National Development (UPND) National Youth chairman Joe Kalusa of the offence of threatening violence against Forum for Democracy and Development President Edith Nawakwi.
High Court Judge Timothy Katenekwa quashed the conviction of Kalusa by the Ndola Magistrate Court.
Kalusa was in February, this year convicted and fined K10 million for making remarks that were published in the Post Newspaper in Septemeber 2012 that he would organise UPND cadres to ‘gun rape’ Nawakwi for allegedly insulting UPND leader Hakainde Hichilema.
Judge Katenekwa, however, ordered the state to pay back the fine of K10 million to the appellant.
In his Judgment, Judge Katenekwa stated that the accused was convicted on an incomplete offence which depended on evidence from the trial witness which was not certain.
He said it was established during trial, that witness number two Abigail Chaponda ,the author of the story in Post Newspaper told the court that the appellant said “Maybe he can organise UPND cadres to gun rape Nawakwi for insulting UPND leader”.
“Having assured that the words were recorded by Chaponda and they were brought to court, they were not support by the defence, I further found that word used was maybe.
“I agree with the defence that the offence was incomplete and had no sufficient evidence to base the conviction upon the appellant,” he said.
He also said witness number three, David Stimula, police officer took a casual approach with limited action in arresting the appellant.
More money in Kalusa’s pocket. Congrats!
whao,!, so kalusa is free now,,,hahaha! free to go and rape nawakwi is real….hahahahahah
This Judge is useless and sounds corrupt. The boy stays in Ndola, so might have bribed the fuulish Judge.Rotten MMD Judiciary.
you mean chikopa is in zamibian ?
I’m sure he must have been bribed by this Hikainde chap. Our JUDICIARY is indeed still rotten. We have a lot of cleaning or moping to do! What a DULL judge this TIMOTHY KATENEKWA is!!!!!!
Will our women feel safe/ protected when we have these types of Criminal Judges manning our Courts????!
How do you “gun rape” someone, by sodomizing them with a gun? I know someone can be “raped at gun point”, but “gun raped…..”? Ba LT be serious! I think the correct term is “gang raped”!
Joe Kalusa, I remember this fella from my years in the Zambian Air Force. I did basic training with him at Mulungushi Rock of Authority in Kabwe and ‘Passed Out’ together at ZAF Livingstone. I went to TTC at ZAF Mumbwa and he was sent to Kabwe, I think he was in the ZAF Regiment Unit/division. I was surprised to hear he was now in politics and rising that high in the ranks of the UPND party. He was a nice guy during the time I knew him in the military. To hear this kind of garbage (maybe, will, or whatever, “gang rape…” someone) from him was kind of a shock!
Wisely use the word “Maybe” to get away with a case. It works even when the person that is using it has a definitive intent.
How do you “gun rape” someone, by s0d0mizing them with a gun? I know someone can be “raped at gun point”, but “gun raped…..”? Ba LT be serious, I think the correct term is “gang rape.”
Joe Kalusa, I remember this fella from my years in the Zambian Air Force. I did basic training with him at Mulungushi Rock of Authority in Kabwe and ‘Passed Out’ together at ZAF Livingstone. I went to TTC at ZAF Mumbwa and he was sent to Kabwe, I think he was in the ZAF Regiment Unit/division. I was surprised to hear he was now in politics and rising that high in the ranks of the UPND party. He was a nice guy during the time I knew him in the military. To hear this kind of garbage (maybe, will, or whatever, “gang rape…” someone) from him was kind of a shock!
Imwe naimwe, don’t bore us with your stupit repetitions! You know that LT meant ‘gang raped’!
How do you “gun rape” someone, by s@d0miz1ng them with a gun? I know someone can be “raped at gun point”, but “gun raped…..”? Ba LT be serious, I think the correct term is “gang rape.”
Joe Kalusa, I remember this fella from my years in the Zambian Air Force. I did basic training with him at Mulungushi Rock of Authority in Kabwe and ‘Passed Out’ together at ZAF Livingstone. I went to TTC at ZAF Mumbwa and he was sent to Kabwe, I think he was in the ZAF Regiment Unit/division. I was surprised to hear he was now in politics and rising that high in the ranks of the UPND party. He was a nice guy during the time I knew him in the military. To hear this kind of garbage (maybe, will, or whatever, “gang rape…” someone) from him was kind of a shock!
Ba Lusaka Times naimwe mutisebanya- what is “gun rape”?
Ba editor please improve.
Foolish judge plus rotten MMD judiciary for sure!!Let the state appeal
The judge has been to University but got no common sense. I honestly pray and hope some mad nutter from somewhere threatens to rape his wife or daughter we see how he would react.
l we judge u are an i diot fit to be thrown in dust bin. l am waiting to hear what these good for nothing women organisations will say about this injustice by this demon posessed who is only biased toward his kind.
This is an insult to all those who experience gender based violence, in particular women who are threated. This gentleman threatened violence through the media, and it was widely reported, what more evidence doesone need to convict him? Next time, he will actuially carry it out. What a shame for the Judiciary. They need to understand what gender based violence really is.
For a long time now, our JUDGES have had this notion that they are SMALL gODS, who are beyond public scrutiny and therefore not answerable to anyone! They continue going scot-free when they pass a SHOCKING, SILLY, OR COMPROMISED judgement!!!!
This has to stop. If it has to take the whole president to weed out ROTTEN JUDGES such as TIMOTHY KATENEKWA of Ndola, so be it! This was once done in Kenya and the Judiciary today is free of CORRUPT Judges.
Ndelolesha fye….