Accused discharged

The State after going through the docket of a 32 years old businessman accused of stealing K700 has applied to the court that the man be discharged as there are a myriad of issues to be addressed before he can be prosecuted.
In this matter Eugene Caristo Mudenda appeared before the Choma Magistrates Court charged with one count of Theft Contrary to the Laws of Zambia.
Allegations are that Mudenda, jointly and whilst acting with others unknown, stole K700 cash, the property of Kenneth Mukuwa.
The alleged incident is said to have occurred on April 27, 2021 in Choma district of Southern Province.
When the matter came up for commencement of trial before Court, Public Prosecutor Ebby Kahale brought it to the attention of the Court through an application that after going through the docket and other documents that led to Mudenda’s arrest, there were other issues that needed to be addressed before trial could proceed.
And as such the prosecutor using section 88A of the Criminal Procedure Code applied that the accused be discharged forthwith.
Senior Resident Magistrate Peter Mungala to the delight of Mundenda granted the application and discharged the accused person but with a warning that a discharge is not an acquittal as the state has a right to re-arrest and prosecute him for the same offence.



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