A LUSAKA magistrate’s court yesterday convicted Patriotic Front (PF) president Michael Sata’s body guard Judge Ngoma on two counts of assault.
The court has since reserved sentencing to this Friday.
Senior Resident Magistrate David Simusamba yesterday said he was satisfied that the prosecution had proved its case beyond reasonable doubt and found the accused guilty on both counts.
Mr Simusamba said Ngoma’s defence could not stand because there was overwhelming evidence, which showed him and his colleagues punching and kicking at a helpless man trying to escape from them.
“I am therefore satisfied that the prosecution has proved its case beyond reasonable doubt and I accordingly find the accused guilty as charged and convict him accordingly on both counts,” he said.
In count one, Ngoma 42, of plot 21/15 of Barlastone Park in Lusaka on June 5, 2009 in Lusaka jointly and while acting together with others unknown, assaulted Mubanga Chileshe thereby occasioning him bodily harm.
[pullquote]“I am therefore satisfied that the prosecution has proved its case beyond reasonable doubt and I accordingly find the accused guilty as charged and convict him accordingly on both counts,” he said.
[/pullquote]
In count two, Ngoma on the same date jointly and while acting together with other persons unknown assaulted Samson Zulu, thereby occasioning him actual bodily harm.
Mr Simusamba said during trial, Mr Zulu testified that on June 5, 2009 while hosting a Press conference at Courtyard Hotel in Lusaka as a pressure group within the PF protesting against the party’s failure to call for a convention, he was confronted by a group of seven members whom he identified as his colleagues in the PF.
Mr Simusamba said Mr Zulu narrated that among the group Ngoma was also present.
“He testified that the members of the group took turns in beating him up while the now accused was speaking on the phone to the effect that he had been apprehended and abducted him by which time the now accused participated in the beatings and took him to a place he recognised as the party’s secretariat where he was further physically abused,” he said.
He said Mr Zulu testified that after the abuse, a statement denouncing his Press conference was forced out of him and was released and warned not to report the matter to the police since the matter was resolved.
He, however, decided to report the matter to the police where he was issued with a medical report, which he took to the hospital.
And Mr Chileshe also testified that on June 5, last year, while hosting a Press briefing with Mr Zulu, he was attacked by a group of people he identified as PF members, among them, Ngoma who was with his friends took turns in punching and kicking him.
Mr Simusamba said another witness Chiwele Maimisa testified that on the material date, Ngoma, together with others known went to Courtyard Hotel to disrupt a Press briefing where he witnessed the other members of the group beat up Mr Zulu and Mr Chileshe.
He said Mr Mamisa testified that he drove in the front seat of the vehicle in which Mr Zulu was bundled when he was abducted and taken to the party secretariat where he was further physically abused.
Mr Simusamba said after considering all the evidence before the court, he was satisfied that the evidence of Mr Zulu, Mr Chileshe and Mr Maimisa and as corroborated by an exhibit of a video footage that on June 5, 2009, both the complainants were assaulted by persons known to them.
Mr Simusamba said Ngoma’s defence was that he was merely acting in self-defence when Mr Zulu descended on him.
Ngoma has since been detained in custody pending sentencing.
[ Times of Zambia ]
