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Two men charged with the abduction of Pamela Chisumpa, and 12 others in Lusaka’s Chalala area will undergo mental examination to ascertain their fitness to attend trial.
James Bwalya, 22, and Matthews Sikaonga, also 22 are facing 54 counts, which include aggravated robbery, abduction, assault and rape.
Bwalya who looked in pain and was aided to walk by his co-accused Sikaonga appeared before Lusaka High Court Judge Charles Kafunda on Monday.
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Before the two could take plea,their lawyer Osborne Ngoma applied that the two be subjected to a medical examination to determine their mental state before, during and after the alleged offence.
Ngoma also applied that Bwalya undergoes physical medical examination as he was in excruciating pain which was affecting his mental state.
He told the Court that Bwalya was involved an an activity that led to him falling and sustained back injury.
The State did not object to the applications but insisted that a return date for the medical reports be set by the court.
In ruling, Justice Kafunda ordered for the two to undergo mental examination to determine their fitness to attend trial.
He, however, said that the mental examination would be limited to the accused persons’ state of mind to attend trial and not during the period the alleged offences were committed.
He said that the state of mind of the accused persons during the period of the alleged offence followed the separate procedure to the defence of the accused persons.
The Judge thus advised the defence not to jump the gun.
Judge Kafunda also ordered that Bwalya be referred for medical examination to determine his fitness to attend trial given the injuries sustained on his back.
“The Permanent Secretary in the Ministry of Health together with the Commissioner General of the Zambia Correctional Services of course acting through their officers shall coordinate this process and ensure that the examination is under taken within the period beginning today upto Wednesday and that a medical personal undertaking the examination and preparing the reports be before the court on the 6th of April ,2023, to tender the said report,” he said.
Justice Kafunda adjourned the matter to April 6,2023.
It is alleged in counts one to four that between June 18 and October 3, 2022, Bwalya and Sikaonga in Lusaka, whilst acting together and being armed with an iron bar, stole a Tecno phone valued at K2,000, an Itel cell phone valued at K950, another Itel small phone valued at K120, one small bag valued at K60.00 and cash money amounting to K25,400.00 from one of the abducted ladies.
It is alleged that at or immediately before or immediately after the time of stealing, the duo used or threatened to use actual violence on the said woman to obtain or retain, or prevent or overcome resistance to it being stolen.
That they also had carnal knowledge of the victim without her consent, trafficked her within Zambia for the purpose of sexual exploitation, and did assault her, thereby occasioning actual bodily harm to her.
In counts five to eight, the duo between May 14 and October 3, 2022, in Lusaka, whilst being armed with an iron bar, did steal cash money amounting to K21, 520.00 from another affected woman and also had carnal knowledge of her without her consent, and further trafficked her within Zambia for the purpose of sexual exploitation and extortion.
In counts nine to 12, it is alleged that Bwalya and Sikaonga on April 13, 2022, in Lusaka jointly and whilst acting together and whilst being armed with an iron bar, stole cash money amounting to K23,500 from another lady, while in counts 49 and 53, they allegedly stole cash money amounting to K1,400 from another victims.
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