Kitwe businessman and Hetro Mining proprietor, Shawi Fawaz, was today acquitted of the charge of theft of motor vehicle because there was no evidence linking him to the offence.
Fawaz has, however, remained in police custody because he is facing another motor
vehicle theft offence in another court, which is unbailable.
Lusaka High Court Judge, Japhet Banda, acquitted Fawaz and his co-accused, Justin
Phiri but three other accused persons, Kelvin Katambika, Humphrey Mwiya and Teddy
Kapisa Phiri have been found with a case to answer.
The five were charged with one count of theft of a motor vehicle, Isuzu KB, registration number ABD 8667, a cell phone and two suits, all valued at K183 million.
They were alleged to have been armed with a firearm, and used actual violence to
prevent or overcome resistance from the owner.
“I find that no evidence connects the two accuse, A4 (Fawaz) and A5 (Phiri Justin)
to the offence,” he said and acquitted them.
Judge Banda has since adjourned the case for the three to defend themselves to June
29, 2007.
Fawaz said after he was acquitted today that he was happy that justice had prevailed
but added that his joy was not absolute as he was still facing another case of motor
vehicle theft in another court.
Man, Zambian politics and the Zambian justice system. Some one riddle me this, why was he arrested in the first place–I think I know the answer to this, it was all political–wasn’t the DPP supposed to find reasonable cause in the first place.
Theft of motor vehicle is an unbailable offence in Zambia. I do not know why this is the case. I can only assume that it is a way of taking vicious thugs out of circulation, since most car thieves use force. However, this law has been abused in the past for political ends. I remember at one time LPM was trying to get Sata by acusing him of motor theft – in fact an agricultural vehicle was involved and no violence was involved. In the end Sata was cleared, but a low profile opposition politician may not be so lucky. This is one of those laws which need to be repealed. Another such law is ‘Defamation of the President’, where you can get locked up for even satirising the president. Laws like these are only fit for despotic states like Zimbabwe.
Its unbailable because FTJ wanted to fix former wife’s playboy.
Whole constitution is in a mess because of FTJs stupidity and selfishness.
Stop playing condemning Games.Do not judge, or you too will be judged the same way you judged others.Let the court do its part and let justice prevail. I am pretty sure that you don`t even know much about the so called playboy thing. Write something to encourage other people and not to destroy. Ebuloshi bwine ubo!!!!!Do not rejoice in other people`s hard times.
USA…
You blame Chibula 3# what are going to when he is no more? He was not alone he had justice minister and parliament, Cabinet and the police
People…! we all know how car theives had terrorized motorists at some point in zambia. The law was implemented to protect the citizens and it applies to all…. play boys, fortune seekers (zambian politicians) Wolemela…included. Let justice prevail!
This law is a travesty.It needs to be done away with.There are more serious cases that warrant such treatment. This Law together with the presidential defamation law must go
#HEY is correct!!!
The law was pushed through in order to fix
Mrs Vera Chiluba’s boy friend one Archie Mactribouy
who was alleged to have stolen a landcruiser for Ministry of works and supply and taken it to the Congo.
This law was later turned on Micheal Sata, Richard Sakala ,Katele Kalumba and Yotam Zulu.
There was much debate during the early days of Mwanawasa tenure.
I thought theft of motor vehicle was now bailable, am surprised to hear it is still not.
I wish I had followed this case very well to see if these pipo are completely ‘innocent’…..Anyway the courts say they are
The law should remain the way it is due to the simple fact that motor vehicle thieves are ussually among the most notorious leaving most victims dead.
Jean #9, theft of motor vehicle is still unbailable and it has to remain as that way such. Haven’t you noticed that such thefts have reduced now?
I think there is alot to be done about our judicial system,we can not go on letting criminals go scot free.This probaly explains why ACC has been losing most of their cases.judges should be able to establish facts of an offence from the little evidence provided by law enforcement officers because evidence gets distorted depending on the time lapse between criminal act and investigation.However, if evidence gathered does not at all point to the alleged crime,we expect an aquital.Thus law enforcement officers need to be quip and sharp in executing investigations before evidence disappears.I also think that the law should be ammended which states that the accused remains innocent until proven guilty,this put the burden of proof on the shoulders of the law enforcement officers making it difficulty to have criminals convicted.The law should be ammended to the accused remains guilty until he prooves himself innocent.In this case the burden of proof will be on the acussed.
…No smoke without fire…!!!..I bet he is aquitted from the next case as well..the case wont stick..!!!..has this chap not been up on more serious charges in the past????
I guess we have to respect the law but let the truth be known that for a lot of us in Kitwe this man and his men are a law unto themselves. I for one never had any great expectations on this case because as they say “money speaks” and the fellow has quite a lot of it.
Back to square one. Twafwa bane…
#14 Badbwoi
Yes this guy was involved in the murder of a young man called Prosper Kolola in the some time in the early 1990’s. The chief witness was a security guard who had helped Shawi put the body while covered in a blanket in the boot of the car. The body was later found in Prosper’s JETTA car along great east road.
Shawi was jailed but freed on appeal due to some technicality. At the time he running Kasbar take away in Lusaka.
I am watching from the back ground. It is a pity that people can not articulate now. I am doing my exchange of messages through yahoo messanger where there are no insults but challenging and progressive ideas. Have you seen that the boys who were insulting are no where to be seen? This is a very exciting topic but nobody is coming up with a tangible idea. Where are you now? Reading just one blog you can tell that the contribution is not captivating and the ideas are not flowing. They are very divergent from one blog to the next. Hahaha… you will never see me again. Stay well with your boring blog and insulting contributors. At least I can do with the yahoo messenger and the line wire where by posting insults you can easily be traced and prosecuted. Best regards to all of you.
It looks like this Fawaz man is a regular pundit against the law. From what’s been said, he somehow just manages to riggle out of dice situations every time. Are we seeing the filthy hands of corruption oiling the executive/justice systems Mafia style, whereby the henchmen get ‘fried’ while the kingpin walks?
The Law is for the poor.
After he wriggled out of the Propsper murder case Immigration detained him together with his mother for deportation to Lebanon. Only his mother was deported in his case some papers surfaced at the critical moment showing that he was borne in Zambia hence qualified to be a Zambian citizen.
Last year he was quietly bundled on an International airline for deportation to Lebanon via Johannsburg
Upon arrival in Johannesburg he created a commotion and become ungovernable.The airline scheduled to transport him to Lebanon refused to carry him citing security concerns to the aircraft and other passengers.The South African authorities sent him back to Zambia together with his escorts.
This was the genesis to his current court appearances on varius charges
Your facts r a bit hazy. Shawki Fawaz murdered Grant Kolala not Prosper. Am a witness to that. Also his father was deported. His mother remained in Zambia till she passed away. She was a house wife and not involved in her sons criminal activities. True he was quietly deported through SA in an attempt to send him to Lebanon. What the zambian gov doesn’t know is that he is actually a South African citzen! I hv a copy of his South African passport to prove it.
If anyone knows Grant Kolala’s family get them to contact me on the email I hv filled in above and I will tell them EXACTLY what happened to their son.
#17…why are you fearing…you live in a democracy!!!!
In my opinion Shawi Fawaz, is above the law. The thug has committed so many crimes, but still walks free and is allowed to continue his rign of terror. After getting way with the alleged murder of Grant Kolala (may his soul rest in peace)Shawi has gone one to commit simlar crimes, but yet still walks the streets. This situation speakes volumes of our judicial system. Perhaps its time that the people of Zambia took the law into their own hands and dealt with Shawi the old fashoned way-Mob justice. We can’t take to prison and can’t take to lebanon. So lets erase him from the picture completely. Abash courts, viva mob justice!!!!
Yes!! It’s this same chap who killed Grant Kolala, and today they say he is innocent. How can everyone point fingers at you? The whole Zed knows that this chap is a killer and car thief. Is the law only for the poor? In Nyanja, they say “wakake sakaleka”. Cage this chap before more cars and lives are lost!!
Wow this guy is lanquishing in jail..i left Zambia about 4 yrs ago..by the way why detain people under unbailable conditions if there cases will take this long to be dealt with..Mwanawasa and George Kunda i thopught u a top lawyers who very well know that JUSTICE DELAYED IS JUSTICE DENIED come on dont be like Chiluba..repeal such archaic laws
Hai Lusaka Times i was impressed by this comment column..i just hope it will continue bringing out fellow Zambians to talk about what really is going on in our country..iam writing from USA…and each time i read some about Zambia its like none as changed since i left the country i mean none is changing in as far as the direction our politicians are taking us into…can you imagine how long it has taken to do the constitution amendment..up to now u guys a still debating on how to adapt it..wow whats wrong with politicians..I JUST WISHED ONE DAY ALL VOTERS CAN BOYCOT all elections..now you want to do referendum by sample census…why …why cant this politicians be straight for one second..only…whose interest do they serve…and it is a shame the oasis forum is agreeing to this method..if a referendum has to be done all eligible voters must participate
..otherwise its result will be a flow..COME ZAMBIA WAKE UP..mwanawasa is blinding you with chiluba’s prosecution..come on guys wakeup
Hai Lusaka Times i was impressed by this comment column..i just hope it will continue bringing out fellow Zambians to talk about what really is going on in our country..iam writing from USA…and each time i read some about Zambia its like none as changed since i left the country i mean none is changing in as far as the direction our politicians are taking us into…can you imagine how long it has taken to do the constitution amendment..up to now u guys a still debating on how to adapt it..wow whats wrong with politicians..I JUST WISHED ONE DAY ALL VOTERS CAN BOYCOT all elections..now you want to do referendum by sample census…why …why cant this politicians be straight for one second..only…whose interest do they serve…and it is a shame the oasis forum is agreeing to this method..if a referendum has to be done all eligible voters must participate
..otherwise its result will be a flow..COME ZAMBIA WAKE UP..mwanawasa is blinding you with chiluba’s prosecution..come on guys wakeup
Shawi Fawaz Is Innocent… People Just Want To Get At Him Because Of His Money..
Mulez redemption
Shawi is also very charming and knows whats-up.Also remember that he is a big baby walking and a lonely child.All shawi needs is love because he knows how to give much of that too.
Some kids are born under pointing fingers.At the same time, i’m not trying to take sides here.for i do not know if he committed all of these crimes he’s being accused of.Hey,and the way he carries himself he sticks to himself but people love him.If he ever try going into politics, he Could carry an unprecedented landslide victory.AND THERE IS ONE SERIOUS THING YOU DONT UNDERSTAND SHAWI IS A ZAMBIAN AT HEART BUT HAVEN’T RECIEVED THAT ACCEPTANCE AT HIS LEVEL OF UNDERSTANDING BUT INDIANS HAVE EVENTHOUGH THEY ARE NOT MORE ZAMBIAN THAN SHAWI IN ANY SENSE.SO,THERE IS ALSO AN IDENTITY ISSUE HERE.Those indian politicians steal cool zambian cash more than any amount of cars shawi could steal.
As long as those who knew Grant Kolala are still mourning and seeing the pain of the family , who have learnt to live with it, Fawaz will never be at peace here in Zambia. Family friend of the Kolalas
If u are a family member to Grant Kolala Contact me about what really happened to Grant. I’m that witness the police never spoke to. And shawki isn’t a lebanese, he has dual citizenship. He has a South African passport. I have a copy.
Absolutely for as long as Grant’s friends and family still feel the lose and pain thisMF’ers shall never see peace in Zambia. Someone needs to put a bullet in his MF’en head.