THE LUSAKA Magistrates Court has acquitted businessman Yousuf Badat of criminal trespass and assault.
In its ruling yesterday, the Court said the prosecution did not prove that Badat assaulted a 78 year-old and occasioned her actual bodily harm, neither did they prove that he trespassed on her premises.
Badat who is Home Based Hardware proprietor was accused of assaulting 78 Delphine Kapijimpanga who is the mother in law to Zambia’s high commissioner to India, Judith Kapijimpanga.
Allegations in count one were that Badat, 47 of house no. 91 Northmead between April 1,2020 and April 30,2020 with intent to annoy or insult entered the premises of Delphine Kapijimpanga in Roma Township without her consent.
In the second count, it was alleged that on the same dates, Badat assaulted Kapijimpanga and occasioned her actual bodily harm.
When the matter came up for plea before magistrate, Jennifer Bwalya, Badat said he understood the charges levelled against him but pleaded not guilty.
It is alleged that on the material day Badat had gone to the Kapijimpangas residence with a notice to speak with Chansa and Kelly Kapijimpanga to find out why they had allegedly used his company’s name and it human resource to obtain money for their personal use.
Chansa and Kelly Kapijimpanga who are former directors of Seal Six Squad Services limited allegedly deployed staff of the said company to provided security services to Daily Nation and transferred money paid to the company amounting to K41, 030 in their personal account on the pretext that the company had no account, without Badat’s consent.
Badat was later accused of assaulting the 78 year-old Delphine Kapijimpanga by some members of the said family to allegedly prevent him from suing the two brother for allegedly stealing from the company.
In her ruling on case to answer magistrate Jenifer Bwalya said there was no evidence to prove that Badat trespassed on the premises of the 78-year-old and assaulted her.
“I hereby find that the prosecution has not proven the case of criminal trespass and assault occasioning actual bodily harm beyond reasonable doubt and I accordingly acquit him,” said magistrate Bwalya.
©Kalemba December 3, 2020