MULENGA MUSONDA writes
A 64 years old farmer has told the Choma Magistrates Court that he beat up the complainant after he found him at his kraal in the wee hours of the morning.
Alfred Himaubi of Chief Macha’s Chiefdom explained to Senior Resident Magistrate Idah Mupemo that he did not understand why the complainant was in his Kraal and when he confronted him , he started a fight.
In this matter Himaubi is charged with Assault Contrary to section 248 of the Penal Code of Chapter 87 of the Laws of Zambia.
It is alleged that Himaubi Assaulted John Maungila and thereby occasioning him actual bodily harm.
The Assault is alleged to have happened on June 9, 2020 in Choma district of Southern Province.
When he appeared for plea Monday morning before Court, Himaubi admitted to assaulting the complainant.
Court: Have you understood the charge against you?
Himaubi: I understand
Court: How do you plead?
Himaubi: I admit
Court: Did you Assault John Maungila?
Himaubi: Yes, we fought.
Court: Did he allow you or did you have any lawful authority to do what you did?
Himaubi: I was not allowed, but i found him in my Kraal around 24:00hrs.
Court: So you suspected he was a thief?
Himaubi: I really don’t know what his intentions were but in the process of trying to reason with him, he hit me, forcing me to fight back.
Court: So it was self defense?
Himaubi: Yes
Court: I record a plea of not guilty.
After entering an equivocal plea of not guilty Magistrate Mupemo granted the accused K500 bail in his own recognisance with two traceable working sure ties.
The matter was adjourned to 30th June 2020 for trial and Himaubi was remanded in custody until he meets his bail conditions.
