Robber stuns lawyer: I’m guilty
A 26-YEAR-OLD man of Kitwe’s Buchi township yesterday stunned his lawyer when he defied legal advice to deny an aggravated robbery charge and readily admitted committing the offence.
The offence of aggravated robbery carries a death sentence.
This is in a case in which Kelvin Jimmy Lubinda is charged with aggravated robbery, contrary to section 294 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
When the matter came up for plea before Kitwe High Court judge Isaac Chali yesterday, Lubinda pleaded guilty to the charge despite conferring with his lawyer, Senior Legal Aid Counsel, Humphrey Mweemba who instructed him to deny the charge.
Justice Chali then read out the charge to Lubinda and he responded: “I admit the charge because you have already spoken, so I will just agree with what you are saying.”
But Justice Chali recorded a plea of not guilty to give Lubinda time to consult with his lawyer.
Particulars of the offence are that Lubinda on September 27, 2010 in Kitwe, while armed with a knife, did steal two cellphones, one torch and K120,000 cash, the property of Bwalya Mutanga.
Earlier, Justice Chali warned Lubinda not to waste his time but to just confirm if his names, as reflected on the indictment are correct.
This was after Lubinda hesitated to confirm whether the recorded names are correct.
“Don’t be silly, just give me your names. Do you think police are stupid to call you Kelvin Jimmy Lubinda?” Mr Justice Chali said.
He adjourned the case to July 18, 2012.
In Ndola, the magistrate’s court discharged a man who was accused of stealing maize worth over K1 billion belonging to the Food Reserve Agency (FRA). Luo Chirwa walked to freedom after the court let him go.
Appearing before Ndola Chief Resident Magistrate Collins Lundah was Chirwa who was jointly charged with his uncle Steven Chirwa.
Chirwa was facing one count of theft by agent contrary to section 272 A of the laws of Zambia.
Particulars of the offence are that on unknown dates but between April 12 and 21, 2012, the duo allegedly stole 440 50kg bags worth over K30 million.
When the matter came up last month, Chirwa pleaded not guilty to the offence while his uncle pleaded guilty and is serving a four-year jail term.
However, when the matter came up for commencement of trial yesterday, state prosecutor Sandie Munyeme made an application that the accused be discharged as the state has not gathered enough evidence.
“I have no objection to the application and that means you will be going home now. But I wish to inform you that this is not an acquittal. so if more evidence is gathered, you will be re-arrested,” Magistrate Lundah told Chirwa.
Chirwa’s two uncles and two cousins are still appearing before the principal resident magistrate to answer charges of theft of maize worth to K1.3 billion.
Steven, Michael, Themba and Sefelani Chirwa are charged with six counts of theft of over 14,000 50kg bags of maize and they will appear in court tomorrow.
Steven pleaded guilty to all the charges while Michael and his sons denied the charges.
Investigative wings have since seized plots, houses, vehicles and a complex called Sarah’s Corner from the family, as the property is suspected to be proceeds of crime.