Court hammer
“I LOVED my wife such that I could not have shot her dead as alleged,” Lusaka lawyer Paul Pandala Banda yesterday told the Lusaka High Court when he opened his defence.

Banda, a former Zambia Air Force (ZAF) pilot and colonel by rank, told Judge Chalwe Mchenga that he did not shoot his wife, Vivian Ilukena, but the gun went off on its own either after she touched it or after it fell down.

He said Vivian had left the matrimonial bed to pass urine and on her way back, she could have touched the gun, which went off and shot her resulting in her death.

Banda is charged with one count of murdering his wife on October 27, 2015 during her 60th birthday.
But Banda denied ?shooting his wife and told Mr Justice Mchenga that the couple loved each very much and he could not have shot her no matter what.

He said as a result of the death of his wife, he was now lonely and depended on his children ?for comfort.

Banda, who was led in his examination-in-chief by lawyer, Valentine Kabungo said the death of his wife was an accident and the mere fact that he was with her in the bedroom did not point to him having shot her.

He explained that on the material day, after he had dinner with his wife, whom he related to well, the couple went to bed, but after some time, she left the bed to go and use the shower room.

Banda, who at some point during his defence broke down, said that he had put his gun next to the bed, against the wall, in readiness to fire in case the family was attacked by thieves.

He said that since he was asleep, his wife could have touched the gun or it fell down, went off and hit her.

“My wife left the bed to go and pass urine while I remained on the bed. Unfortunately, my wife could have touched the gun or it fell and hit her,” Banda said.

Banda added: “That has caused me a lot of grief. Although I have children I am lonely, I am grieving because having a wife is another issue.”

Banda further testified that after his children broke the bedroom door, one of them beat him terribly, but he could not defend himself as he was in a state of shock after losing a loved one.

He told the court that he fainted as a result of the beatings he was subjected to and that today, he was grieving as he had continued to miss his loved wife.

“I refuse having shot my wife. What would be the purpose? I am a lawyer, I protect people. Why would I shoot her?” Banda further asked.

Banda’s lone witness, retired Zambia Army Brigadier-General Haggai Chiluba, told the court that a gun like the one Banda was alleged to have used, could go off without anyone firing it, as long as it had been subjected to an impact.

After Banda closed his defence, Mr Justice Mchenga set July 29, 2016 as the day of judgment.

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26 COMMENTS

  1. Open Letter to the USA, EU, Nordic, AU, COMESA, SADC, ICC, UN

    The Zambia Revenue Authority have applied to have the Tax Tribunal Court Order set aside. The matter will be heard inter parte.

    This is proof that Fred Membe had a valid Court Order. Yet he was brutalized and imprisoned and later charged for criminal trespass. This of course is a trumped up charge which will not see light of day.

    We appeal to you the international community that this is a complete break down in the rule of law and citizens are being killed under the watch and encouragement of President Lungu. Do not abandon us the way you abandoned Zimbabweans and Ugandans.

    Save us from extermination and brutality of Lungu.

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    • That’s well explained Col Banda and your witness a General has supported that well .
      Given that you knew that the weapon you had could as you claim go off with any slight impact shouldn’t you have secured it in such a way that it doesn’t harm any of the people you claim to love? And another question is on how many occasions his it gone off in the past? Did you explain that to your children who were in the house at the time? ?

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    • Juito, what are you doing here? Get a life please. Is Fred Membe’s case more important than some mother who lost her life in terrible manner. Actually, LET HIM PAY HIS DEBTS.
      May justice prevail over the death of our beloved one praying her soul rests in peace.

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    • Iwe Paul Pandala Banda, you’re just another PISTOL-RIUS. Stop wasting state resources with your fabrications. Just plead guilty and rot in jail. you’re a disgrace to the legal profession.

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    • But why did your children have to break the door open. What were you hiding? If you didn’t shoot her then you were going to be the first to open the door seeking help from your children. Didn’t you earlier on claim that there was an intruder in the house?

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    • Idio..t this is about an Agatha Christie like case, then you bring irrelevant topics. This is the reason we have stupi..d MPs in UPND, MMD and PF. Only a few people think straight in Zambia.

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    • Where is the Zambia police forensics team to determine if…..
      -Gunshot residue on the husband’s hand, the position of the would etc.

      Also Mr. Banda, you have children you claim to want to protect with a cocked gun and yet you lock your bedroom door at night and shut out the same children?

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  2. Yaba, is this the caliber of some of our lawyers? Giving such a lame explanation as if it is by a lay person? This man is going down!

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  3. Hang the guy! GBV should not be tolerated the way Inonge Wina enjoys it including her PF family. He committed murder and should either spend the rest of his miserable life in jail or be hanged. End of story. No one is above the law. So far Lungu also seems to think he is above the law.

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  4. He knows what he is doing. If he eliminates one ingredient of the crime, off he goes scott free. Unlike Pistorius who agreed thst he fired the shots, Banda has not said so neither has any witness come forth to say he SAW Banda pulling the trigger OR fingerprints on the gun belong to Banda. There is a doubt here and in law the orosecution must prove this BEYOND ALL REASONABLE DOUBT

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    • Bring Gerrie Nel to nail this guy! Why sleep with the door locked? Ifya ku mushi! How do you prep a gun to point in the direction of perceived thieves!? Doesn’t add up…

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    • Idio..t stop, stay on course this has happened for years. Stop being distracted, all facets of life are important.

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  5. What a defense !!!
    Why was the gun by your bed side? Even Oscar Pistorius, you could possibly reason with him when he said he mistook his wife for a thief.
    But this defense here, only a maggot can buy into it. I am sorry.

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  6. The Colonel was ‘asleep’ but was able to know in ‘his sleep’ that the wife had gone to the shower to ‘pass urine’… how could he tell what she had gone to do in the ‘shower’ when he was asleep? The gun was on his side of the bed, when she ‘touched it?’ did she reach over him to touch it? Oh no wait a minute it fell on his side of the bed by-passed his body and penetrated the wife! Oh it could have>>>Oh I forgot he was asleep

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  7. It had to take your children colonel to break your bedroom door and you call it an accident ? Why were you refusing to open the door ?

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  8. Shut up all of you, just making noise thing you know too much, when you know nothing.
    Juito Chalipi
    james buga
    Wanu Ngwee
    Maria
    Saulosi
    david
    Meleki
    general Kanene
    Discourse
    Kalok
    Dununa Reverse
    Havota
    Im Watching

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  9. So, was the gun on his wife’s side of the bed for her to touch it? How can you put a gun on the other side if you are meant to reach it asap in case of anything? Awe ba Colonel iyi yena twaikana. Fwayeniko excuse yimbi

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  10. He is a well researched lawyer and he meditated the killing of his wife. He understand that bringing in this defense serves him well and a trained witness is a plus. In courts you just have to prove and stand by words, even if the laymen can clearly see that you are lying. I would be extremely shocked if he got away. One thing is for sure he shot her. I would like to know the positions of the gun and were it was placed, the report however has left many questions.

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  11. Here`s the thing “loaded” does not mean a clip in the gun or a bullet in the cylinder. If the firearm is capable of being loaded and the bullets are in the case with the gun or even in your pocket, you can still potentially be charged with this offense. Unfortunately, ignorance of the law in Zambia is no defense. Whether you are properly checking the firearm at Zambia International Airport or have it anywhere else in Zambia, possessing that firearm will land you in state prison without an assertive and compelling defense. As a colonel Paul Pandala Banda should know this. He murdered his wife in cold blood.

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