LUSAKA High Court Judge Susan Wenjelani has set February 28 this year as judgment day in a matter where opposition Chilanga Member of Parliament (MP) Keith Mukata and his co-accused Charmaine Musonda are facing a murder charge.
The date was set after both parties testified in the matter and filed final submissions where the state asked the court to convict Mukata on circumstantial evidence and left the verdict for his co-accused to the court to make a final finding while Mukata asked the court to acquit them due to lack of evidence linking them to the murder.
And in his reply to the State’s submission filed yesterday towards judgment, Mukata asked the court to acquit his lover Musonda because there was no evidence linking her to the crime.
The accused persons submitted that the prosecution should have conceded that they had no evidence against Musonda instead of leaving it to the court to make a finding from the disputed facts before court.
He questioned why the prosecution wanted the court to make a finding on Musonda instead of assisting it by bringing evidence arguing that doing so was an indication that the state had failed to discharge its duty.
“If there is any facts against Musonda before court, why then has the prosecution unsuccessfully assisted the court with evidence in order to make such a finding, this is a clear indication that the state has abandoned their case against her,” reads the submissions in reply.
This is a matter where the duo are alleged to have murdered a security guard Namakambwa Kalilakwenda 63, this year an employee from Men in Black Security Company operating from AKM Legal Practitioners owned by Mukata.
Mukata and Musonda accentuated that the prosecution had not proved their case throughout their evidence adduced in their endeavour to prove the murder charge because nothing was placed on record to show that the accused acted individually or together to kill the deceased.
Mukata further argued that the prosecution had not helped the court to arrive at a conviction stage as it had not put anything on record to prove that the firearm was in his possession on the material day.
Mukata is innocent.
Thanks
Bb2024,2016
Because deceased committed suicide?
The writing is on the wall. PF connected Mukata will walk to freedom. The trial was a Kangaroo type, and the state deliberately put up a weak case. Just like Kenneth Kaunda’s son walked to freedom after killing late Tabeth Mwansa (MHSRIEP), the same will be the case for Keith
Mukata is guilty while is co-accused is innocent
Proof beyond reasonable doubt! Mukata may be guilty but the State has failed to present its case properly. Nolle or acquittal.
This case has moved faster than the case of Felix Mutati’s illegal presidency. At the rate it has moved, in my Kangaroo court there is a judgement that Mukata will walk to freedom despite committing the murder. May natural justice speak for the deceased and the family.
How can the accused kill a security guard? Mukakuleni he was not the one.
kuchenjelesa muwoneni. you will one day die and you will face judgement where the lawyer Will be Jesus. but if you are innocent The Lord will surely protect you
In record time for a murder case to come to a conclusion, it means its politically influenced and this PF connected lawyer will walk to freedom
In a charge of murder prosecution have to prove the case beyond a measure of a reasonable doubt. To ask a court to convict based on ‘circumstantial evidence’ is usually preserved for civil and not criminal matters but they are exceptions. Indeed the firearm may have not been in A1s possession at the material time but of the only other two persons who can deny or confirm this, one is deceased the other opted to remain mute. Much as accused 1 now seeks to say the prosecutor has not assisted with evidence to convict him his co-accused has not assisted to acquit him. The two colluded that A2 must not speak because they knew their stories wouldn’t match. The crucial evidence is with the discharge of the firearm. A1 an ex service man pretended the shot was at long range a myth quashed by a…
ballistic expert. A2 knew this and so whereas she is not guilty of killing deceased she is guilty of aiding and abetting the concealing of the real killer of deceased namely A1.
Iwe Ka RYD… THE GUY IS GUILTY FULLSTOP, AND MUSONDA IS INNOCENT! ATISHANI PA BLANCH, ABENE M. CHILO…
Why emphasis on him being Upnd? Simply state “Who’s also MP for Chilanga Constituency. ..” It’s like you want to us to believe Upnd MPs are murderers.
I smell a rotten rat in this murder case. Keith together with his woman can not murder a person by shooting. I believe it was one trigger from one pistol .