Court orders trial-within-trial in a case where Akafekwa is accused of murder of 10-year-old boy

Lusaka High Court Judge, Mwape Bowa, has ordered a trial within trial to establish whether the statement and demonstration of how 10-year-old Chikondi Banda was allegedly murdered by the accused was freely and voluntarily given to the police.

This is in a matter in which Nalukui Akafekwa, 24 , of Garden Compound in Lusaka is facing one count of murder of Chikondi on March 10,2023.

On Monday, Detective Chief Inspector, Shabang’ambe Modify Choompo, a Scenes of Crime Officer, testified that on March 28, he conducted a scene reconstruction in which an audio and video was recorded using a Panasonic video camera.

The officer stated that Akafekwa was in the company of his grandmother Mwaka Tembo.

He stated that a warn and caution statement was recorded and the accused signed.

The witness said Akafekwa accepted to give account and demonstrate how the murder was committed.

At this point, the defence objected that the evidence of demonstration explaining the leading was obtained involuntarily as the same evidence amounts to a confession statement.

They requested for a trial within-trial to test and establish the voluntariness of the confession statement.

In the trial-within-trial, Choompo told the court that the accused had volunteered to lead and demonstrate.

He stated that the environment was conducive with witnesses who included his grand mother and aunt, Mwangala, who is also a senior officer.

“He signed for both, having understood what I read to him and his willingness to lead. From that point, the entire process was being audio and video-recorded, starting from the Lusaka Central Car park leading to Naluma School which was the first point.

Trial continues.

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