Man jailed 6 months for stolen fencing wire

MULENGA MUSONDA writes A 20-YEAR-OLD man will spend the next 6 months in a correctional facility for stealing a fencing wire belonging to a farmer who he accused of owing him 2 months’ salary arrears. In this matter Admire Kaliko was jointly charged with Jofao Muleyafor theft contrary to the Laws of Zambia. Allegations were that the two jointly and […]

Man jailed 6 months for stolen fencing wire
MULENGA MUSONDA writes A 20-YEAR-OLD man will spend the next 6 months in a correctional facility for stealing a fencing wire belonging to a farmer who he accused of owing him 2 months’ salary arrears. In this matter Admire Kaliko was jointly charged with Jofao Muleyafor theft contrary to the Laws of Zambia. Allegations were that the two jointly and whilst acting together stole 133 metres of fencing wire valued at K1,240 the property of Ross Farms. The theft is said to have happened on 9 May 2020 in Choma. When the two appeared for plea in the Choma Magistrates Court, Kaliko admitted the charge while his co accused denied stealing the fencing wire. Court: A1 have you understood the charge made against you? Kaliko: Yes Court: How do you plead? Kaliko: I admit Court: Did you take the wire fence belonging to Ross Farms? Kaliko: Yes I did, but he owes me money …i never got paid for two months Court: Did you inform him that you would get the wire in place of the salary? Kaliko: No Court: How much was it? Kaliko: We agreed K1,200 per month and he never paid me for two months, I took him to the Labour Office but he denied ever employing me saying it was the Foreman who engaged me. Court: This is still Theft as there was no bonafide claim of right. A2 have you understood the charge against you? Muleya: I understand Court: How do you plead? Muleya: I deny. Court: I record a plea of guilty in respect to A1 and not guilty in respect to A2. According to Facts dictated by Public Prosecutor Pearson Chilumbu, the second accused person led to the apprehension of Kaliko after he was caught trying to sell the stolen wire. He told the Farm Manager that they acted together with Kaliko. After Kaliko admitted to the facts as a true reflection of what transpired, Senior Resident Magistrate Idah Mupemo said since he did not inform the Police or the owner that he was taking the wire in place of the salary arrears then there was no bonafide claim of right. The Court thus found Kaliko guilty in his own admission and convicted him accordingly. In passing the sentence, Magistrate Mupemo observed the fact that he was a first offender who readily admitted the charge and that the wire was recovered. She then sentenced him to six months imprisonment with hard labour with effect from date of sentencing. Kaliko was also advised to sue his boss, this was before his rights to appeal within 14 days were made known to him. Trial for Muleya comes up on 29 May 2020. The Sun