Mpulungu magistrate fines duo for aiding a suspect to escape

The Mpulungu magistrate court has convicted and fined two men K500 000 each on two counts of aiding a suspected drug trafficker to escape from lawful custody and destroying evidence, contrary to the laws of Zambia.

This was in a matter in which the two men, Alex Sikazwe and George Chonya, both of Mupata village, appeared before Mpulungu magistrate Miyato Muyambango for judgment.

On March 22nd this year, the duo, who are community leaders, whilst acting together allegedly aided Justus Sinyangwe to escape from lawful custody.The Community Crime Prevention Unit (CCPU) in Mpulungu allegedly found Sinyangwe in possession of marijuana,in Mupata village by members.

The two, who were taking the suspect to police for detention, allegedly allowed him to escape.They have been slapped with two counts namely aiding a suspect to escape from lawful custody, contrary to section 120 of the penal code cap 87 of the laws of Zambia and destroying evidence contrary to section 30, sub section (h) cap 96 of the laws of Zambia.

In their mitigation before a packed courtroom, Sikazwe said he was married and was looking after four orphans who would suffer if he was sent to prison.Chonya said he had eight children and currently took care of his aged parents and pleaded that if incarcerated, all these people were going to experience untold misery.

But magistrate Muyambango said in passing sentence, that the offences committed by the duo were very serious.
He said the second count of destroying evidence carries a maximum sentence of seven years in prison.

Magistrate Muyambango however noted that he had taken into account the mitigation given by the duo and the fact that they were first offenders entitled them to leniency.He noted that from the evidence adduced by the prosecutions’ team in court, it was clear that the duo had conspired to commit the offence although they were both claiming innocence.

Magistrate Muyambango said it was not disputable that the two men were assigned to take the suspect to police before he, together with the marijuana he had, suddenly disappeared.

He acquitted Chonya on the second count and fined him K500 000 or six months in prison with hard labour for aiding a suspect to escape from lawful custody.

Magistrate Muyambango said the fine was to be paid by 10th April, 2009.
However his colleague, Sikazwe was found guilty on both counts and ordered to pay K500,000 or six months in prison in default, adding that the fines were non cumulative whilst the sentences were to run concurrently.

Magistrate Muyambango also observed that the duo had abused their authority as community leaders in Mupata village.
He ordered that Sikazwe and Chonya be removed from their positions as CCPU member and village secretary respectively, with immediate effect.
ZANIS/EM/KSH/ENDS