Q FM Africa's Modern Radio
The Lusaka High Court has acquitted former Lusaka Province minister Obvious Mwaliteta and four other UPND members in a matter where they were charged with aggravated robbery after finding them with no case to answer.
High court judge Mwape Bowa acquitted the accused after the prosecution failed to prove the case against them.
Judge Bowa said there is no evidence linking the accused to the commissioning of the offence.
He said no weapons were found on them and neither was there any stolen material found on the accused to prove that they took part in the offence.
The court said the arresting officer’s evidence was so much discredited such that he failed to investigate the alibi of Mwaliteta’s co-accused being on the scene of crime when the attack was happening.
Judge Bowa said Mwaliteta’s presence at ECZ was for election business purposes being a known political figure, adding that there was nothing unusual about him being found at Election House as the country was awaiting the announcement of the presidential election results.
And immediately after Mwaliteta was pronounced free, his daughter Melissa collapsed and was rushed outside the courtroom for medical help.
Mr Mwaliteta and his co-accused were in the first count alleged to have on August 14, 2016 stolen a handbag containing various documents valued at K750, an envelope containing Gen Form 12 and a record of proceedings for Chingola Constituency from Elina Nyirenda, the property of the ECZ.
In count two, the five were accused of stealing a Blackberry cell phone valued at K4,000, the property of Emmanuel Simbeye and immediately or before threatened to use actual violence on the latter.
Mwaliteta and others were in the third count accused of having stolen statements of results (Gen 12 form) from Roy Kuseka, property of the Electoral Commission of Zambia and used or threatened to use actual violence on him in order to obtain, prevent or overcome resistance from it being stolen and retained.