Courtroom tension as accused groans in silence during murder trial of IBA boss, Muleya

The Lusaka High Court was once again gripped by tension in the murder trial of IBA Director General, Guntila Muleya, as third accused Samuel Dokowe appeared in visible agony—groaning, silent, and seemingly unable to speak.

Despite his condition, High Court Judge, Vincent Siloka, was unmoved.

Citing procedural necessity, the Judge entered a not-guilty plea on Dokowe’s behalf after the accused failed to respond to the charges.

Dokowe, who previously collapsed in court on April 11, was allowed to remain seated while his co-accused stood during plea proceedings.

Yet, in a dramatic twist, the same man who moments earlier appeared incapacitated was seen walking out of the dock with unexpected composure—prompting murmurs in the gallery.

Although the court rejected initial attempts to delay proceedings, Judge Siloka later granted a defence request for Dokowe to undergo formal medical examination, but only after entering the plea.

Defence lawyer, Chawezi Ngoma, invoked Section 17 of the Criminal Procedure Code, arguing that his client was too unwell to participate in the proceedings or give legal instructions.

Ngoma explained that no medical assessment had been done prior to court due to late communication from Dokowe’s family.

“The court observed his collapse on April 11. Section 17 allows for an application to be made at any stage,” Ngoma submitted.

But State prosecutor Gertrude Mwiinga Muhambi objected, noting Dokowe had been unwell since April 7 and was examined by a medical practitioner on April 11.

She even offered a witness to testify to this, prompting defence objections on admissibility.

Defence lawyer, Osborne Ngoma, insisted that any prior medical attention was informal and inadequate under Section 17.

“This is a constitutional matter. Rushing the trial without a proper fitness assessment risks injustice,” he argued.

Friday Mulenga Jr, representing co-accused Francis Chipyoka, also raised concerns about trial delays, saying his client faces a non-bailable charge and deserves a speedy trial.

After extended arguments, Judge Siloka ruled that the court had discretion under Section 17.

“On April 11, the accused walked unaided. He can spare five minutes to take plea,” he said.

As co-accused entered pleas, Dokowe remained silent.

“Are these your true and correct names?” No response.

“Do you understand the charge?” Silence.

“How do you plead?” Still nothing.

The Judge then formally entered a plea of not guilty on Dokowe’s behalf.

The defence renewed its request for a medical assessment, insisting that Dokowe’s continued silence and inability to provide instructions warranted clinical evaluation.

Dokowe, a systems engineer, is jointly charged with IBA accountant Francis Chipyoka, 42, and police officers M’Thusani Baza Dokowe and Alex Caleb Zulu, both aged 30.

The four are accused of murdering Guntila Muleya on July 23, 2024. Muleya was found with two gunshot wounds.

The matter returns to court on April 29, when a medical report on Dokowe is expected and the trial may begin.

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