wildlife police officer walks to freedom on prejury

THE High Court has acquitted three Department of National Parks and Wildlife police officers of lying in court as the evidence was not sufficient to warrant the conviction. 

This is in a case Charles Kapindula, Charles Siame and Jeremiah Milimo were charged with perjury.

Evidence on record before High Court judge Kenneth Mulife is that the trio were privately prosecuted after Gabriel Phiri whom the trio had testified against him in the magistrate court for obstructing wildlife police to search his vehicle. On April 14, 2016 he was stopped by wildlife police officers so that they can search his vehicle but he declined.

Phiri was acquitted and he contested that the trio lied before the magistrate court. On June 6, 2016 the trio were acquitted at no case to answer stage. 

Phiri lawyer adrian Nkausu of AC Nkausu and company argued the trial court erred  when it acquitted the trio and dismissed the charge. 

 Mr Nkausu stated that during judicial proceedings the trio gave false evidence.

 He stated that the witness and court proceedings records submitted to the court have sufficient evidence to show that the trio lied in court.

And the trio s counsel major retired Isaac Masonga said the appeal is malicious.

 Major Masongo stated that no court or reasonable tribunal can support this case.

 He said it is mandatory to acquit the accused person if the evidence does not support the charge.

 And judge Mulife said he has considered the submissions of the parties. 

He said the evidence on record shows that the lower court had drawn more efference of evidence to acquit  Phiri and acquitted him, therefore the trio did not lie in court.

 Judge Mulife said the evidence does not show that the trio lied before court as Phiri witness had interest to serve and needed collaboration.

 He said the court records does not support the aspect that the trio lied in court.

Judge Mulife said his court would dismiss the appeal against the acquittal as it lacks merit. 

He said the appeal has failed and he would set the accused persons at liberty.

End