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Police officer acquitted of assault

A POLICE constable of Pemba Police Station accused of assaulting his wife has been acquitted by the Monze Magistrate’s Court after his wife decided to withdraw the matter.
This is in a case in which Richard Mufalo pleaded not guilty to assault contrary to the Laws of Zambia.
It is alleged that on September 15 this year, Mufalo allegedly assaulted Jackline Musho thereby occasioning her actual bodily harm.
Last month, Mufalo appeared before magistrate Chimtavu Masautso and pleaded not guilty to the charge and was granted a K5,000 bail pending trial.
But when the matter came up for commencement of trial on Tuesday last week, Ms Musho applied that the matter be withdrawn because the accused is a breadwinner.
“I want to withdraw the matter because my husband is the breadwinner and if he is convicted,  I won’t be able to fend for our four children,” she said.
In response, the state said it was left with no option but to let the complainant decide the way forward in the matter.
The matter was adjourned to October 8 this year for ruling.
When the matter came up for ruling, the state reluctantly approved Ms Musho’s application on grounds that she was not compellable.
And in his ruling, magistrate Masautso acquitted Mufalo on grounds that the alleged offence did not amount to a felony and that it was reconcilable under Chapter 88 of the Criminal Procedure Code.


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