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.