A PATRIOTIC Front (PF) supporter Maxwell Chongu has walked to freedom after being acquitted in a matter in which he was charged with unlawful wounding contrary to section 232(a) of the Penal Code Chapter 87 of the Laws of Zambia.
In this matter, Chongu aged 40 of house number 1223 Sugar Street Avondale was accused of inflicting deep cuts on Richard Sinonge and Innocent Nyambe.
Chongu, was facing an offense of unlawful wounding contrary to section 232 (a) of the Penal Code Chapter 87 of the Laws of Zambia.
When the matter came up at the Lusaka magistrate court for a case or no case to answer ruling, magistrate Kawama Mwamfuli acquitted Chongu on grounds that the prosecution did not prove the case beyond reasonable doubt and that there was no evidence to prove the essential of the alleged offense.
Magistrate Mwamfuli further ruled that the medical doctor who signed the medical report did not see the injuries on the victim.
She further ruled that the essential element of the offense of unlawful wounding is that the accused person unlawfully wounded the complainant by using a sharp object.
“I have very carefully perused through the evidence of all five witnesses and I find that the evidence reveals that on the night of the 04th day of March 2017, PWI was attacked by the accused person and eight to ten people who beat him. He thus sustained an injury on his left leg and lost a tooth.
She also established that the Doctor who signed the medical report form marked as “PI told court that he did not see the injuries he was signing for in 2021.
She ruled that the doctor told court that he signed for injuries indicated in a fille from 2017.
It was also established that the doctor does not know if the open fracture was due to a Road Traffic Accident or a fracture as he had testified before the court.
“PW4, the Doctor who examined PWI in 2017 told court that he saw PWI far in open arkle dislocation in 2017,” she ruled.
The court also established that the doctor explained that PWI had an injury on the anke which was secondary to a road traffic accident. He told court that the wound was as a result of a road traffic accident and the patient he saw was for a road traffic accident.
“From the foregoing, I find that as a prima facie case has not been made out against the accused person sufficiently to require him to make out a Defense, the case against him is here by dismissed and he is acquitted in accordance,” she ruled.
It is alleged that on March 4, 2017, Chongu allegedly unlawfully wounded Richard Sinonge aged 38 by inflicting a deep cut on his left ankle and Innocent Nyambe aged 33 a deep cut on the stomach whilst using a machete.