DPP ACTS ON SUSPECTED ‘GASSERS’

CHARLES MUSONDA writes ELEVEN men and a juvenile accused of gassing people’s homes have been committed to the High Court for trial. Public prosecutor Juvenalis Kamutondole yesterday presented the certificate of committal to Lusaka Chief Resident Lameck Mwale when the case came up for a preliminary inquiry following an application made by defence lawyer Lastone Mwanabo. Mr. Mwanabo had applied for the preliminary inquiry to establish if there is sufficient evidence against the 12 accused persons but before the hearing could start yesterday, Mr. Kamutondole informed the court that the State had received a committal certificate from the Director of Public Prosecutions committing the accused persons to the High Court. Mr. Mwale then committed the accused persons and informed them that they will appear in the High Court at the next criminal session and remanded all of them in custody.  The accused persons, who are from Chikankata, Kafue and Chingola districts, have been charged with aiding, abating, concealing, procuring, inciting, or soliciting the commission of a terrorist act or proliferation. They are Feston Mwanza, 45, a farmer of Mulawo settlement in Chikankata, Bright Halwanza, 34, a farmer of Nalwama in Chikankata, Essau Zenene, 35 a farmer of Nega-Nega in Chikankata, Tom Jabala, 43, a businessman of Kabweze in Kafue, Derrick Mwiinga, 28, a businessman of Chikankata, and a 16-year-old grade nine pupil of Nalwama village in Chikankata. Others are Osward Hamalala, a farmer of Nega-Nega in Chikankata, Charles Mungaila, 32, a farmer of Chikankata, Sydney Hakalinda, 37, a farmer/businessman of Nega-Nega in Chikankata, Elijah Mwiinga, 25, a charcoal burner of Kafue, and Everisto Hamalala, 33, a fork lift operator of Chingola district. They have been charged under Section 28 of the Anti-Terrorism and Non- Proliferation Act number 6 of 2018 of the Laws of Zambia. It is alleged that between February 1 and 29, 2020 in Lusaka, the 12 aided, abated, concealed, procured, incited or solicited the commission of terrorist acts or proliferation.  In the second count it is alleged that between the same dates, the accused persons committed a terrorist act intending to cause death or serious harm to Brenda Tembo, by releasing into the environment dangerous, hazardous, harmful substance, toxic chemical or other toxins. In count three and four it is alleged that between the same dates the 12 committed terrorist acts intending to cause death or serious harm to Martha Mazaba and Emmanuel Lwaisha by releasing into the environment dangerous, hazardous, harmful substance, and toxic chemicals among other toxins. In counts five to 15 the allegation is that the accused persons committed terrorist acts intending to cause death or serious harm to 11 victims by releasing into the environment dangerous, hazardous, harmful substance, toxic chemicals among other toxins. The victims are Emmanuel Lwaisha, Memory Banda, Taonga Banda, Esther Banda, Nathan Phiri, and Violet Nyirenda. The rest are Anthony Nyirenda, Caroline Zulu, Minson Zulu, and Regina Phiri. The State has objected to the accused persons’ application for bail on grounds that the offence they are facing is serious and that they should not be granted bail for the sake of their own security. The Sun