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Duck thief changes plea to avoid witness testimony – The Lusaka Sun

  • 26 September 2020
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MULENGA MUSONDA writes

A 19-YEAR-OLD Brick Moulder will serve the remaining months of the year behind bars for stealing 3 Ducks.

In this matter the Choma Magistrates Court found Timothy Sibukaguilty of Theft contrary to the Laws of Zambia.

It was alleged that Sibuka stole 3 Ducks valued at K195 the property of Mbiri Mwanza.

The theft happened on 14 March 2020 in Choma District of Southern Province.

When the matter came up for commencement of trial Monday morning before Senior Resident Magistrate Idah Mupemo, Sibuka applied that he retakes plea as he did not want to waste the Courts time, this was immediately as the prosecutor stated that 3 witnesses had been lined up to testify.

Magistrate Mupemo granted him the application and read the charge to him, to which he pleaded guilty.

Court: Have you understood the charge read to you?

Sibuka: Yes

Court: Do you admit or deny?

Sibuka: I admit.

Court: Did you take the 3 Ducks?

Sibuka: Yes

Court: Did you have any lawful justification or claim of right?

Sibuka: I was working for him but he was not paying me.

Court: Did you inform him of your intentions?

Sibuka: No.

Court: I record a plea of guilty.

And according to the Facts stated by Public Prosecutor Pearson Chilumbu, the accused was apprehended at a shebeen after word went round that he had birds for sell.

After his apprehension, one live duck was recovered while the other two were already in the pots of the buyers.

With his own admission of the Facts as a true reflection of what transpired, Magistrate Mupemo found him guilty and convicted him accordingly.

The Court slapped him with 6 months jail term with hard labour with effect from date of arrest even after trying so hard to convince the Magistrate that he was a pupil.

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