THE State has pleaded with the children’s Court to keep a 16 year-old boy who allegedly killed a security guard, in a transit centre under the watch of correctional officers not until a child welfare inspector verifies his safety before he is released back into the community on bail.
The boy of Lusaka’s Woodlands area who is a grade 10 pupil, pleaded not guilty to murder before High Court judge Mwamba Chanda.
It is alleged that the juvenile murdered EnocK Chanda on December 31, 2023, when he allegedly bashed him at Manda Hill shopping mall, whilst he was attempting 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 block the boy from making off, by closing the gate in attempts to make him own up to his mistake, but the 16-year old who was speeding could not hit the brakes of his Toyota Alphard and allegedly ran into the watchman purposefully.
In pursuit to have the child released on bail his lawyer Robert Siulapwa asked judge Chanda to consider releasing the child as prescribed by Section 73(2) of the Children’s Code Act no. 12 of 2022 considering the period he has spent in custody since he was apprehended.
Subsection (2) and (3) stipulate that a juvenile Court shall inquire into the case of a child charged with an offense and unless there is a serious danger to the child or the community, release the child on bail.
A child granted bail shall be released from custody after giving security or accepting specified conditions.
Siulapwa said the Court has authority to inquire into the case and strike a balance between the community as well as the child in relation to his safety before granting him bail.
The State in its reply to the application said though the defense had demonstrated that there’s no danger posed to the child if he was released, it was still apprehensive of his welfare.
“We are of the view that the offense the child is charged with is serious which itself puts the child in danger as he may be attacked by the deceased’s relatives who may not understand the law,” a State advocate submitted.
“We pray that not until the inquiry is conducted as to the safety of the child he stays in custody.”
Ruling on the application judge Chanda ordered Social Welfare child inspector Nosiku Situmbeko to do an assessment of the child’s safeness in the community by interviewing the family of the deceased, authorities in the community and the family of the child.
The boy will only be released upon Situmbeko’ conviction that he is not in danger or he himself does not pose as a danger to members of the community.
Judge Chanda adjourned the case to May 9 for commencement of trial.
By Mwaka Ndawa
Kalemba May 7, 2024.
