By RABECCA BANDA
THE Lusaka magistrate will on November 27 rule in a case where five family members are accused of assaulting a Lusaka businessman who had gone to get his vehicle.
Magistrate Jenniffer Bwalya told the accused after the last witness testified and the state rested the case, that they should all appear for judgement on November 27.
This is in a case where Izukanji Simbule, 24, a student, Cliff Simbule 50 a businessman, Sylvia Simbule 44 a secretary, Mapalo Simbule 19 a student and Wiza Simbule 21a student allegedly assaulted Chrisantius Changwereza 34, of Makeni thereby causing him occasioning actual bodily harm on December 24 2019.
In his testimony, Mapalo Simbule told the court himself, his father Cliff and his two brothers Izukanji and Wiza were at the garage when he was told that Mr. Changwereza was going to collect his car around 12:00 hours.
He said they waited for him until 18:00 hours but he never arrived and they decided to go home.
He said when they arrived home, he heard a noise outside the house.
He said there was chaos outside the gate because Mr. Changwereza was shouting and insulting. He said his brother Izukanji told him that they needed to go and get the car from the garage. He said he carried a Jerry can and as they were about to leave, Mr. Changwereza charged against his aunt Sylvia.
He said him and Izukanji blocked Mr. Changwereza from charging towards their aunt. He said in the process, Mr. Changwereza punched Izukanji on the face. He said Clifff came and grabbed Izukanji and took him inside the gate.
He said Wiza came and Mr.Changwereza went to his car and took out a silver rod. He said Mr.Changwereza started swinging the rod waiting for anyone to charge against him. He said he ran inside the gate and after some time, he and his brothers decided to go to Chilenje police station to report Mr. Changwereza.
He said as they were walking , Mr. Changwereza drove past them and they found him at the police station.
He said he called Cliff to come to the police station and upon arrival at the police station Mr. Changwereza pointed at them as the people who assaulted him.
He said he did not assault Mr. Changwereza.
Prosecutor .Museta: Confirm that your testimony is not different from Izukanji, Cliff and Sylvia?
Mapalo: It’s not.
Mr.Museta: You all live in the same house?
Mr. Museta: For that reason you planned your defence?
Mr. Museta: can you confirm that if the complainant knows the people who assaulted him?
Another defence witness, Wiza said they were at the workshop working on Mr. Changwereza vehicle.
He said his Aunt Sylvia joined and told him that Mr. Changwereza was coming to pick his car at 12:00hours.
He said they waited for Mr. Changwereza but he never went to the workshop.
He said they left the workshop at 18:00 hours and proceeded to their home in Chilenje . He said whilst he was taking a bath, he heard noise coming from outside the house.
He said he went out and saw his aunt Sylvia, his father Cliff and his two brothers Mapalo and izukanji. He said Mr. Changwereza was shouting, insulting and yelling at them.
He said Mr. Changwereza went to his car and picked up an iron rod which he wanted to use against them.
He said he and his family did not assault Mr. Changwereza.
By RABECCA BANDA