THE Lusaka Magistrates Court will today make a ruling on whether a Grade 10 pupil accused of murdering a security guard can released on bail to back to school or not.
The 16 year-old boy who resides in Lusaka’s Woodlands area has been in detention since December 2023 when he was arrested for allegedly intentionally bashing a security guard at Manda Hill Shopping Mall and causing him his death.
He faces a charged of murder contrary to Section 200 of the Penal
Code Chapter 87 of the Laws of Zambia.
It is alleged that the boy murdered EnocK Chanda on December 31, 2023.
The boy is said to have come into conflict with the law when he allegedly bashed the guard at Manda Hill shopping mall, who tried to stop him from speeding off after hitting into a stationed Toyota Allion in the car park.
According to the police, Chanda had tried to stop the boy from fleeing the scene when he closed the gate in a bid to make the boy own up to his mistake but, the 16-year old who was driving fast could not hit the brakes of his Toyota Alphard and allegedly rammed into the watchman intentionally.
Chanda who sustained fatal injuries was rushed to the University Teaching Hospital for medical attention and subsequently succumbed to the injuries.
As he appeared before Lusaka Magistrate Ann Holland yesterday, his lawyer asked the Court to grant him bail so that he can go back to school.
Present for his hearing was a Social welfare officer and his 38-year old aunt who took him in since he was four years old.
Robert Siulapwa of the legal Aid Board who is offering pro bono (free or at lower cost) services to the child made the application pursuant to Section 73(3) and Setion 70(2)(a) of the children’s code Act no. 12 of 2022.
Siulapwa said the child should not be kept in custody, as it is in his best interest to allow him get back to school by granting him bail.
“The offense of murder is non bailable but this is a matter involving a child. There are no dangers that can be caused to society at the moment because, the offense was committed in Rhodes park while the child resides in Chalala,”he said.
“This case is right for bail because the child involved has been in custody since his arrest in December 2023 and has missed out on education whilst in custody.”
In reply State prosecutor Chipo Gura indicated that the prosecution was in receipt of a committal certificate to have the boy committed to the High Court for trial and that the application was made before a wrong Court.
“We are of the view that the application be made in the High Court where the Court will have jurisdiction after the matter has been committed,” she submitted.
In reply Siulapwa said Section 73(2) and Section 70(2)(a) of the Children’s Code Act clothes the Court with the power to inquire into the case and grant the child bail.
“This Court has a role to play to admit the child to bail during the transition of the matter,”said Siulapwa.
Magistrate Holland indicated that she will deliver her ruling on the application tomorrow as she needs to read up.
She directed that the child to be sent to the Transit Centre.
By Mwaka Ndawa
Kalemba March 28, 2024.
