By NCHIMUNYA MIYOBA
The state has closed its case in a matter in which Kitwe business man Daniel Makina and a Chililambobwe based Taxi driver are charged with aggravated robbery.
This is in case where, Daniel Makina Chiyama 35, a Kitwe business man and Director of Nkana College of education are charged together with another Chipili Chilufya of aggravated robbery for stealing copper cathodes.
Facts before the court are that, on August 28, in Kitwe Makina and Chilufya jointly whilst acting together with other persons unknown did use firearms and attacked Rajab Bashid Magwila to steal the copper cathodes valued at K1.8 million the property of Polytra Zambia Limited.
It is alleged that the duo at the time of theft used or threatened to use violence at Magwila who was driving the truck laden with the copper cathodes.
Appearing before Judge in Charge Timothy Katanekwa today for continuation of cross examination, the state informed the court that it has closed the case with no further witnesses to bring to court.
And defense Lawyer for Makina, Gavu Nyirongo of Nyirongo and company asked the court to discharge or acquit his client Makina as he is not directly connected to the case of aggravated robbery as indicated by some witnesses in their testimony.
Mr Nyirongo submitted that only two state witnesses namely Emale Nyondo and Maureen Mongeza so far have indicated that Makina was present at the scene on material day but they have failed to produce documented and computerized evidence to collaborate the alleged sale of the copper cathodes.
He told the court that it was in the court’s record that the two witnesses who are the driver and lorry boy testified before court t that the two firearms that were recovered from Makina’s house where not the firearms that were allegedly used during the robbery.
The lawyer further submitted that evidence for accused number one Chilufya, was not sufficient as the police arrested him on grounds that he bought a vehicle which he failed to account for and that the witnesses gave conflicting testimonies to what transpired on 28th August 2018.
Judge Katanekwa adjourned the matter to June 6, 2019 for ruling on whether they have a case or not.