CHRISTINE CHIHAME, Kitwe
A 25-YEAR-OLD man of Kitwe charged with theft stunned the Kitwe Magistrate’s Court when he jumped to the bench from the dock and pleaded before magistrate Leonard Tembo showing him anti-retroviral (ARV) drugs despite the court acquitting him.
Magistrate Tembo acquitted Paul Fungika of New Kwacha township in Kitwe of theft.
In passing the ruling, magistrate Tembo said the state failed to prove its case of theft against Fungika.
“The prosecution should prove all elements in the offence charged. In this case, the elements have not been proved and I have doubt in my mind and that doubt is in favour of the accused person,” he said.
He said according to the arresting officer, he charged Fungika for stealing building materials despite the accused not being linked to the charge.
“There is no evidence that the accused stole the items and no one saw him stealing apart from him being apprehended at the crime scene,” he said.
Facts before the court are that on September 29, this year in Kitwe, Fungika allegedly stole two doors, a door frame and four iron sheets, all valued at K2,138, from Wilfred Ngoma’s farm.
“The state has failed to prove a case against you and I, therefore, acquit and set you at liberty,” he said.
Particulars of the offence are that on the material day, Ngoma was at his farm when he was informed that someone had stolen building materials.
The court heard that when Ngoma went to verify the reports, he found Fungika and apprehended him.
He took him to police were he was charged with and arrested for the subject offence.