Witness caught lying on oath in Emmanuel Mwamba’s case

WITNESS CAUGHT LYING ON OATH IN EMMANUEL MWAMBA’S CASE
Lusaka-Friday, Friday, 13th September 2024
An arresting officer, deputy chief inspector Justin Makumba was caught lying on oath when giving his evidence in the matter where Patriotic Front Chairperson for Information and Publicity, Amb. Emmanuel Mwamba is accused of assaulting a police officer.
Appearing before Lusaka Magistrate Trevor Kasanda, Makumba testified that he did not record a statement from a Manager at a Car Wash where the incident is alleged to have been committed.
He also testified that when he spoke to the Manager, Kingsley Mulopwe, he informed him that he was not near the incidence as he was far from the events.
But lawyers for Mr. Mwamba, Makebi Zulu, produced a statement showing that Makumba was lying on oath as he recorded a written statement.
Zulu also demonstrated that Mulopwe was near the events and described them in details showing that about 12 police officers arrived, and after a scuffle and harassment, accosted Mwamba and took him away.
And the court heard that Mr. Mwamba immediately complained that he had been brutalized during his apprehension. He suffered injuries on his thumb, shoulder, and suffered great pain on his neck and requested to be taken to hospital. He was, however, not taken to the hospital and was not allowed medical services for two days.
Below is the detailed verbatim;

The Case of Amb. Emmanuel Mwamba Vs The People before Lusaka resident magistrate, Hon. Trevor Kasanda.

Lusaka- Thursday, 12th September, 2024

VERBATIM

On June 14, 2023, during a police operation to trace and apprehend, Amb. Emmanuel Mwamba for questioning in Lusaka, it is alleged that Mr. Mwamba assaulted Detective Inspector Simwenda Steven, an officer of the Zambia Police based at Service Headquarters contrary to section 250(a) of Chapter 87 of the Penal Code of the laws of Zambia.

Cross Examination of Justin Makumba, 47, a Detective Chief Inspector at the Police Headquarters conducted by Makebi Zulu of Makebi Zulu Advocates.

Makebi Zulu- Good morning Mr. Makumba. How long have you been a police officer?

Justin Makumba- I’m fine. 26 years your honour.

Makebi Zulu- How long have you been a detective?

Justin Makumba- 20 years your honour.

Makebi Zulu- the witnesses that have come so far and testified in this case; Steven Simweenda, Brian Chipango and Joseph Kapasa, are police officers from the Criminal Investigations Department at Zambia Police Service Headquarters and are your workmates? except for the medical doctor, Dr. Agatha Mwiinji Lloyd?

Justin Makumba- Yes your honour.

Makebi Zulu -What is an arrest?

Justin Makumba- My understanding is that it is confining someone for an offence that they may have committed.

Makebi Zulu- What do you do when arresting a person?

Justin Makumba- you touch the person on the right hand and read them the charge (s) they are facing.

Makebi Zulu- Do you arrest, and ask them whether they admit the charge?

Justin Makumba- Yes your honour.

Makebi Zulu- is there any other way of effecting an arrest?

Justin Makumba- no your honour.

Makebi Zulu- when did you arrest the accused person, Mr. Emmanuel Mwamba? I note that Mr. Mwamba was picked up and detained on 14th June, 2023.

Makumba- on the 15th June 2024.

Makebi Zulu – What time were you given the docket?

Justin Makumba- in the morning of 15th June 2024.

Makebi Zulu- So between 08;00hrs and 12;00hrs on 15th June 2023, you investigated and proceeded to arrest the accused? What investigations did you carry out?

Justin Makumba- I interviewed the police officers involved in the operation.

Makebi Zulu- Did you record a statement from the manager at the Car Wash named Kingsley Mulopwe?

Justin Makumba- yes your honour. I just spoke to him.

Makebi Zulu -did you record the statements from the witnesses?

Justin Makumba- no I didn’t record any statement.

Makebi Zulu -Why didn’t you record a statement from Mr. Mulopwe?

Justin Makumba-he stated that he was not near the incidence when it occurred and he was far away.

Makebi Zulu- what entry did you put in the I-diary (investigation diary)?

Justin Makumba- I can’t remember.

Makebi Zulu- Your honour permission to show the witness the document.

Magistrate Hon. Trevor Kasanda- Ok, go ahead.

Makebi Zulu – walks over to the witness stand and shows the witness the document. Read the document.

Makumba- I entered the details in the I-diary at 20;00hrs on 19th June 2023.

Makebi Zulu- on this I-diary, do you see the statement from Kingsley Mulopwe?

Justin Makumba- Yes, your honour.

Makebi Zulu- witness, kindly read the statement.

Makumba- Statement of Kingsley Mulopwe, aged 44, Manager at Jamie’s Car Wash. Village; Mwansabombwe, Chief Mwata Kazembe, taken on 19th June 2023. Recorded at 09;50hrs at Crime One, Lusaka Service Headquarters.

I’m the manager at Jammies Car Wash which is situated along Mosi-O-Tunya Road in Woodlands Extension. My duties are to see to it that all the operations of the car wash go on smoothly.

The Car Wash attracts different clients ranging from regular customers, to those that come once in a while and those who come regularly over a period of time. I know Mr. Emmanuel Mwamba as one of our regular clients.

I do recall very well that it was on Wednesday 14th June 2023, when I was on duty around 16;00hrs, I saw Mr. Emmanuel Mwamba come to the Car Wash bringing his car to be washed. He was driving a Ford Ranger, white in colour, single cab.

After parking the car, in the washing bay, Mr. Emmanuel Mwamba went and sat in the waiting area where clients wait for their motor vehicles.

After a few minutes, I saw some people come to the car wash and at this time, I saw Mr. Emmanuel Mwamba talking on the phone. I was walking towards another car to put dashboard spray.

I was very close to where Mr. Emmanuel Mwamba was.

As these people walked towards him, he asked them if they had gone to pick him and the people who I didn’t know at the time said that they were Police officers and responded in the affirmative.

I heard Mr. Mwamba telling them that he should be allowed to call his lawyers.
I saw a struggle between Mr. Emmanuel Mwamba and these people.

So as the owner of the Car Wash, I asked what was happening. One of them said they were Police officers who were there to arrest Mr. Emmanuel Mwamba.

One of the fans installed in the waiting room was broken as they moved to remove Mr. Mwamba from the waiting room.

A crowd of people had formed and the officers put Mr. Mwamba in a motor vehicle.
I didn’t see Mr. Mwamba or anyone fighting but they were pulling him and pushing him. Mr. Mwamba was shouting; “let me call my lawyers”.

They managed to put him in the car and drove off.

After twenty minutes, a Lady I know, Mrs. Mwamba came and collected the motor vehicle including the things Mr. Mwamba had left in the waiting room. Read over and admitted to be correctly recorded signed by Deputy Inspector Makumba J and Kingsley Mulopwe.

Makebi Zulu – Witness, who recorded this statement?

Justin Makumba- I recorded the statement, Your honour.

Makebi Zulu- Why did you lie to the court and on oath, that you did NOT record a statement from Mr. Kingsley Mulopwe?

Justin Makumba- I didn’t remember.

Makebi Zulu -It is now clear that you recorded a statement from Kingsley Mulopwe?

Justin Makumba- Yes your honour.

Makebi Zulu- Again is it NOT true that Kingsley Mulopwe was far from the incident or was not close to the events as you told the court?

Justin Makumba- I didn’t remember.

Makebi Zulu- your honour may we check the record of the statement the witness gave the court.

Hon. Trevor Kasanda- witness, you said Kingsley Mulopwe was not near the incidence and did not see the events.

Makebi Zulu- thank you Your Honour. Witness, from the statement you have just read, it is clear that Kingsley Mulopwe saw the events and even asked the men what they were doing with Mr. Mwamba?

Justin Makumba- I don’t remember.

Makebi Zulu- Witness, who recorded the statement?

Justin Makumba- I did your honour.

Makebi Zulu – Your honour with your permission, may the statement be submitted as evidence to this court?

Magistrate Hon. Trevor Kasanda- let the document be identified first.

Makebi Zulu – Yes thank you, your honour. Witness how will you identify the statement?

Makumba- it is written in my hand writing, it is in my name and shows my service number, and signature.

Makebi Zulu – you recorded this statement. Will you produce this document as part of your evidence for purposes of this case?

Makumba- no, your honour.

Makebi Zulu – I ask again; would you like to produce this document as part of your evidence in this matter.

Makumba- no your honour. It’s not relevant to this matter.

Magistrate Hon. Trevor Kasanda – Witness, it is not your duty to determine what is good evidence or relevant material to this matter. Your duty is to investigate and tender your evidence to this court.

Justin Makumba- Yes your honour.

Makebi Zulu- Thank you your honour. Witness, I repeat, would you like to produce the document as part of your evidence?

Justin Makumba- No. It is not relevant.

Makebi Zulu – you have been warned that it is not up to you to determine the evidence required before this court.

Justin Makumba- Your honour, I will produce the document as part of the evidence.

Makebi Zulu- Your honour let the document be marked as DD2- D1.

Makebi Zulu – Did you also take a statement from the accused person, Mr. Emmanuel Mwamba?

Justin Makumba- yes your honour.

Makebi Zulu- Your honour permission to refer the statement to the witness.

Magistrate Hon. Trevor Kasanda- let’s deal with only the relevant portions.

Makebi Zulu- well guided your honour. Read the document. Let us go to the Response that was given by the accused. Do you recognize the document?

Justin Makumba- peruses through the document. Yes, there is my name, my signature, my service number and the name of the accused, Mr. Emmanuel Mwamba.

Makebi Zulu- with your permission, your honour, may the document be marked DD2-D2.

Witness would you want the document to be part of your evidence?

Makumba- Yes your honour.

Magistrate Hon. Trevor Kasanda – any objection?

Prosecutor – no objection Your honour.

Magistrate Hon. Trevor Kasanda- document produced as DD2-D2

Makebi Zulu – Witness, what statement or remarks did the accused person make in response to your charge?

Makumba- it’s a four-page response by Mr. Mwamba.

Makebi Zulu- Kindly read the response by Mr. Mwamba to your charge.

Taken on Thursday, 15th June 2024 at Emasdale Police Station at 13;58hours from Mr. Emmanuel Mwamba of Plot No. 136/a Chandwe Musonda Road, Villa Elizabetha, Lusaka.

You are warned and cautioned that the Police are carrying out investigations into an alleged offence of assault on a Police Officer Contrary C/Section 250 (a) of Chapter 87 of the Penal Code of the laws of Zambia.

It is alleged that you M/Emmanuel Mwamba did assault Detective Inspector Steven Simwenda, a Police officer based at Zambia Police Service Headquarters Anti-Frauds Unit while he was executing his police duties.

You are further warned and cautioned that you are not obliged to say anything in answer to the allegations unless you wish to do so but whatever you say will be taken down in writing and be given as evidence. What do you wish to say?

RESPONSE

REPLY by Mr. Mwamba as recorded;

The Police officer is clearly lying.

They arrived in three (3) vehicles, and I think they were numbering about twelve persons (12).

The person who appeared to be leading the operation, approached me in the shade or waiting room of the Car Wash where people that are washing cars sit. I recognized him and stood up.

I asked him; “Are you people following me? Are you people coming to pick me up?”

The officer answered in the affirmative that they had come to pick me up.

I asked the officer again; Why didn’t you issue a call-out? Why didn’t you call me as I’m a person of fixed abode and you know my number?

I asked if I could call my lawyer and my wife and I quickly dialed Hon. Makebi Zulu’s number but the officers interrupted me by trying to grab the phone from me.

I dialed another number of the lawyer, Mr. Botha Nkhula and I even showed him that I was calling Counsel Botha.

At this stage the officers surrounded me and created a commotion as they needed to move the chairs and tables as they advanced towards me.
The officers were preventing me from making the call to Counsel Botha Nkhula and at this stage I was being manhandled.

I moved back against the wall and managed to call my wife and quickly said I was at the Car Wash in Woodlands and persons calling themselves policemen were here to pick me up. Before I could finish the call, a short police officer grabbed my hand twisted it and pushed it to my back and was forcibly started getting my phone out of my hand.

The pain caused by this action was too much so I let go of the phone. I moved to the middle of the waiting room. I asked the lead officer again that before I could accompany them, I should be allowed to make the call to Counsel Makebi Zulu. Some officers were pushing me and others were pulling me towards a Toyota Corolla.

They were trying to lift me and l told them not to humiliate me, especially that a crowd had formed. I said l would walk to the car but still demanded that l make a call to my lawyer.

At this stage, as l was walking to the Toyota Corolla, l saw other officers begin to grab phones from some people who were filming the violent incident by the officers.

At the car, l still asked the lead Officer to allow me to make the phone call to my lawyers. The lead officer began to push me down forcing his hand on my head while others were trying to lift me, these actions caused so much pain on my neck on the right side and l remember telling the officer that he was going to break my neck. I therefore willingly went down and entered in the car. In the car, l told him that they had hurt me on my right thumb, my right wrist, my right shoulder but especially on my neck.

When we arrived at Police Service Headquarters, I was taken to a room on the 1st Floor, after a few minutes later, all the officers came in the room and someone introduced himself as Director. Because he appeared senior amongst them, I addressed him saying: “Your officers have injured me” and l showed him my right hand thumb which was visibly swollen, my wrist, my right shoulder and that l was worried especially about the excruciating pain on the right side of my neck, as you can see, my right thumb is still swollen there is still pain on my wrist and right shoulder and a pain on the right side of my neck. I have since developed a terrible headache.

The Officer had assured me that l would be allowed to see a medical doctor by the end of the day. At this stage, l requested the Director if my Lawyer could join us, he declined stating that l did not need a lawyer at this stage.

He started the formalities of recording personal articles that were on me. When the process of recording items that were in my wallet was completed, the Officer asked me to sign the document.

I declined that l could not sign any document without the presence of my Lawyer. One Officer said that l was being difficult and he called in everyone including the Director.

The Director tried to explain to me that the documents were innocent but l still declined saying l needed the presence of my Lawyer. The Director then warned me that in this case we will record that you have refused to sign and refused to cooperate, at this stage they all briefly went out and later came back.

The Officer who was recording introduced a second set of documents he said the document related to the Cyber Security and Cyber Crimes Act of 2021 and that he was compelled to record the details of my phone and the law had a requirement for me to disclose the password on the phone.

I told him that this would be tantamount to invading my right to privacy. The Officer then read some regulation in the Act that gives powers to the Cyber inspector to demand for such information. In the entire passage he read, it required that the Cyber Inspector must write to request for that information.

I said there was no such a letter written to me and that development confirmed that I needed a Lawyer because even in this case, the Law required that a written request was made by the Inspector and the Officer was therefore misleading me.

At this stage the environment became hostile and the Officers said because l had refused to cooperate l should be careful as l maybe charged with the offences of obstructing criminal investigations because l refused to give them the password for the phone. They even informed me that a charge of assaulting a Police Officer would be framed against me unless I disclosed the password and also sign the other documents I had refused to sign. I complained that I was a victim of assault as could be seen from my injuries of the swollen thumb, wrist, shoulder and ride side of my neck.

The Officer who was recording the statement told me that the Police are mandated to use force and l was not a victim. I still refused to give the password. Another Officer produced another document to show that the items found on me would remain behind for investigations. The Officer that was recording my statement signed on his part and also gave me to sign, that is the only document I signed. They informed me that this particular process had ended and they would move to the next stage.

I still asked if l could see a Doctor over the pain l have narrated above. I was assured that it would be done later.

At this stage, the Officer handcuffed me, l asked him if that was necessary and he said that because l had refused to cooperate l would be treated as such and that l would not be taken kuma Woodlands or kuma Ibex Hill Police Station because people who behave like me needed to be taught a lesson. Later they brought me here which l later learnt to be Emmasdale Police Station.

When the formalities to detain me were completed, l asked the Team Leader if I could be allowed to go to a clinic or hospital or at least see a doctor, he said he was going to communicate to his superior over my request. I still insisted that l was a victim of brutal manhandling and attack, even now l am still in pain with a terrible headache and l am still requesting to you 3 officers, that l be taken to the clinic or hospital or be given medical services. l am repeating this request to see a Doctor to the three of you recording this statement “READ OVER AND ADMITTED TO BE CORRECTLY RECORDED’’.

SIGNED BY Deputy Inspector Makumba J and Emmanuel Mwamba.

Makebi Zulu-Witness in that statement, Mr. Mwamba was appealing to you like he did to the other officers, that he needed to see a doctor?
Justin Makumba- Yes your honour.

Makebi Zulu – permission to show the witness a picture of Mr. Mwamba showing his bruises.

Justin Makumba- I’m not qualified to describe the bruise.

Makebi Zulu – what can you see in the picture on his shoulder?

Makumba- I can see a patch, brown or so in colour.

Makebi Zulu- he also complained of a headache and that of pain on his neck?

Justin Makumba- yes, your honour.

Makebi Zulu – Your honour, with your permission, may I show the witness the document. It is unmarked at this stage.

Let us look at the document. To whom was the medical report issued to?

Justin Makumba- issued to Emmanuel Mwamba. I can’t read properly as the copy is NOT clear. I can read complaining of pain on his thumb, neck and shoulder.

Makebi Zulu- what were the findings of the doctor?

Makumba- I can’t read properly. But I can see words “bruises on the left shoulder”.

Makebi Zulu- Doesn’t this medical report show finding that were consistent with the injuries Mr. Mwamba said he had suffered in the assault?

Justin Makumba- yes. Your honour.

Makebi Zulu – do you remember that you summoned Kingsley Mulopwe to come and give his evidence before this court?

Makumba- I don’t remember?

Makebi Zulu – so the only witness you have brought are those who are your colleagues at Police Service Headquarters?

Makumba- yes your honour.

Makebi Zulu- No further questions your honour.

Magistrate Hon. Trevor Kasanda – Re-examination?

Prosecutor- none.
Magistrate Hon. Trevor Kasanda- Are there any other witnesses?
Prosecutor- None your honour. We have closed our case.
Magistrate Trevor Kasanda- Submissions?
Makebi Zulu- We are ready to proceed, viva voce
Magistrate Trevor Kasanda- I give you seven days to file your submissions and another seven days for the prosecution to respond. Matter adjourned to 30th September 2024 for ruling whether the accused person has a case to answer or not.
END.