Court News

‘We did not assault complainant’

By RABECCA BANDA


A LUSAKA businessman has told the magistrates court that he did not assault the complainant in an assault case.


This is in a case were Izukanji Simbule, 24, a student, Cliff Simbule 50 a businessman, Sylvia Simbule, 44, a secretary, Mapalo Simbule 19 a student and Wiza Simbule 21, a student allegedly assaulted Chrisantius Changwereza, 34, of Makeni thereby causing him occasioning actual bodily harm on December 24 2019.


When the matter came up for defence yesterday, Cliff Simbule said on the material day he went to his workshop with his sons Izukanji, Wiza and Mapalo on December 24 2019.


He said while there he received a phone call from his sister Sylvia informing him that Mr. Changwereza wanted to collect his car.
He said he told Sylvia that the car was ready for collection and told her to inform Mr.

Changwereza pick it at 12:00 hours.
He said they waited for Mr. Changwereza in up to 18:00hours but he didn’t show up.


He said when they arrived home, Sylvia received a phone call from Mr.Changwereza asking for his car.


He said a few minutes later, Mr. Changwereza called Sylvia again informing her that he was outside the gate.


He said Sylvia went out to talk to see him and after two minutes she went back in the house crying saying Mr. Changwereza had beaten her.
He said she told him that Mr.Changwereza wanted his car that same day and that they should give it to him.


He said he told Izukanji and Mapalo to go with Mr. Changwereza to the workshop to collect his car.


He said Mr.Changwereza started shouting and insulting Sylvia while approaching with a silver rod.


He said Izukanji stood in front of to protect Sylvia but Mr. Changwereza punched Izukanji.


He said he grabbed Izukanji and took him inside the yard while Mapalo and Wiza pleaded with Mr. Changwereza to leave.

He said they all went inside and Mr. Changwereza remained outside hitting the gate and shouting that he wanted his car.

And Sylvia said she had been cohabiting with Mr.Changwereza for about six years.

She said Mr. Changwereza usually took his car to her brother, Cliff’s garage for repairs.

She said Mr. Changwereza called her on December 24, 2019 asking for his car.

She said they had problems in their relationship and Changwereza started putting pressure on her over the car.

She said she informed Cliff that Changwereza wanted to collect his Jeep
Sylvia told the court that she went to the garage where they waited for him but he didn’t show up.

She said around 18:00 hours, Changwereza called asking her why they left the garage without waiting for him.

She said she told him to come the following day and a few minutes later Changwereza arrived at Cliff’s house.

She said she went to see him and he started shouting and beating her causing her to sustain injuries on her left hand and neck.

She said she did not assault Mr. Changwereza but he assaulted her and Izukanji.

She said she reported the assault to Kabwata Police station and later got a medical report.

The medical report issued to Sylvia Simbule did not indicate the name of the police officer nor his or her rank.

Questions to Cliff from the police prosecutor Mr.Museta: where you happy that your sister was harassed?

Cliff: No.

Mr: Museta, has the complainant taken you to police in the over six years you have known him?

Cliff: No Mr. Museta: for how long was the car in your custody?

Cliff: Six months

Questions to Sylvia

Mr. Museta: Why did you go to Kabwata police instead of Chilenje police which is near your place?

Sylvia: Because the officers at Chilenje were busy.

Mr.Museta: why did you receive medical assistance on the 27th December as indicated by the medical report?

Sylvia: The report shows 27th December because on the 24th it was a holiday.

Mr.Museta: did the complainant ever take you to the police in the six years you have known him?

Sylvia: No

Mr. Museta: according to the testimony given by the witnesses, did you assault the complainant?

Sylvia: No, I didn’t.

Matter was adjourned to September 21 for continued defence.

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