Daniel Makina’s lawyer Gavu Nyirongo applied before the Kitwe High Court that their client be acquitted because he is not directly involved in a case he is jointly charged for aggravated robbery.
This is in a matter, Makina, and Chipili Chilufya, taxi driver are jointly charged with aggravated robbery, contrary to section 294(1) of the penal code chapter 87 of the laws of Zambia.
Particulars before Court are that, on 28th August, 2018 in Kitwe, Makina and Chilufya jointly and whilst acting together with other persons unknown did attack Rehab Bashid Magwila with a fire arm and did use and threatened violence in order to steal copper cathodes valued at K1.8 million the property of Polytra Zambia limited.
When the matter came up for cross examination before Judge in Charge Timothy Katanekwa, Gavu Nyirongo of Nyirongo and Company applied that the matter be quashed because evidence produced before court does not directly link his client to the crime.
This was after the conclusion of cross examination.
Nyirongo has asked the Kitwe High Court to discharge or acquit his client further submitting that only two state witnesses namely Emale Nyondo and Maureen Mongeza indicated that Makina was present at the crime scene on the material day but did not produce evidence.
However, Judge Katanekwa has adjourned the matter to 6th June, 2019 for ruling on whether the two will be found with a case to answer.
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