There was drama in Livingstone magistrates court when a suspect claimed that the police stole his pants and household goods while he was in custody pending court appearance.
The 36 years old Francis Simuhata of Zecco Compound is in court on charges of burglary and theft of goods from two shops belonging to some renowned Kazungula Businessmen.
This was heard in a trial continuation of the matter between Francis Simuhata versus the People.
Facts before Court are that on June 12, 2010 Simuhata connived with two others and stole goods ranging from cell phones, laptops and groceries worth K42million altogether from two separate shops in Kazungula where they had camped for a week.
The two people who were with Samuhata pleaded guilty on June 23, 2010 and have been convicted for five years each while Samuhata still denies the charge.
First witness in the matter, Fred Joe Mukuwa, 26, of Plot Number 72, Makalanguzu Area, and Kazungula said in the Morning of June 13, 2010 he found his shop in a mess, the door open and some empty carton boxes littered outside with Shop’s poster razed down.
Mukuwa said when he entered the shop he discovered that the shop was empty with only carton boxes left.
Mukuwa, who was apprehended in possession of the items later led the Police to the people he was with at a time of offence.
Appearing before Magistrate Ernest Kabungo, Samuhata lifted up his hand and asked for an application.
“My Lord the Police are stepping on my Human Rights they have stolen my property and my pants and so I can’t proceed with trial before my items are returned to me,” Samuhata said.
Magistrate Kabungo asked the prosecutor why the Police seized Samuhata’s pants and furniture.
The prosecutor refuted that his pants where not gotten but property from his home was seized as part of evidence.
During cross-examination Samuhata asked the witness where he together with the Police took the property they stole from his house.
The Magistrate discontinued Samuhata from asking question and told him to shut because his questions are irrelevant.
The case is adjourned to October 11,for commencement of defence.
In the same Court, another man shocked people who attended the session when he decided not to take oath.
Godson Mlakutse, 32 was charged with unlawful possession of prescribed trophy after being found having five pieces of Ivory.
Magistrate Kabungo asked him to choose one way he would defend himself among the options of to remain silent, take Oath or remain in the doc.
“The evidence you give when you remain in that docket does not carry weight but the evidence you give in when you take oath carries more weight,” Magistrate Kabungo said.
Mlakutse chose to remain and give evidence from the docket.
The case comes up on October 5.