By Nchimunya Miyoba
The Kitwe High Court has ordered a trial within a trial in matter of aggravated robbery involving Kitwe businessman Daniel Makina Chinyama and a Chililabombwe based taxi driver Chipili Chilufya.
This was after defense Counsel had applied to have some portions of video evidence removed following an application the defense on behalf Makina to introduce video statement as evidence.
Defense Lawyer representing Chilufya objected to the production of the potion relating to the interview of his client as the accused had indicated in the earlier statement that the interview was not given voluntarily and freely.
This is the case in which Makina 35, who is the Director for Nkana College of Education and Chilufya 32 are charged with aggravated robbery.
It is alleged that on August 28, 2018, Chilufya and Makina in Kitwe jointly and whilst acting together with other person’s unknown while armed with offensive weapons namely pistols did steal copper cathodes worth K1.8 million.
When the matter came up for ruling Kitwe High Court Judge in Charge Timothy Katenekwa ordered that trial within a trial proceeds as the accused person indicated that the statement in the video evidence was not given voluntarily and freely.
Judge Mr Katenekwa said that even where the statement is submitted in evidence voluntarily the court can reserve its discretion to exclude it.
He said that in dealing with the matter the court would proceed with the basis that the Compact Disc (CD) in question encompasses the statements of all those that were interviewed as earlier stated the state counsel.
Judge Katanekwa said it is safer, fair and just for the court to proceed ordering a trial within a trial.
“Doing so the court will be able to hear how the statements were obtained and weather if this will be a proper case for the judge to use his discretion to exclude the statement,” he said.
A trial within a trial is a mini trial conducted to find out if the accused person made his confessional statement voluntarily or otherwise.
The matter has been adjourned to 31 October 2019 for continuation of trial.