By 
Davies Chishala, a farmer from Luwingu District in Northern Province, was acquitted by the Supreme Court on Thursday, bringing an end to a 12-year legal battle after being convicted of murder in 2014.
The acquittal clears Chishala of the 2012 murder charge, in which he was accused of killing his friend, Frederick Mulamba, during a drinking session.
Delivering the judgment, Justice Evans Hamaundu, on behalf of the Supreme Court bench, which included Chief Justice Mumba Malila and Justice Rhodah Kaoma, overturned the earlier decision made by the High Court.
The Supreme Court found that the prosecution had failed to prove beyond a reasonable doubt that Chishala’s assault on Mulamba was the cause of his death.
The court emphasized the principle of reasonable doubt in criminal matters, stating that the balance of proof must always shift in favor of the accused when doubt exists.
“Because of the discrepancies between the assault witnessed by prosecution witnesses and the medical evidence, there was serious doubt as to whether the assault by the 1st appellant (Chishala) was the cause of death,” the court said in its judgment.
The bench also addressed Chishala’s decision to flee his village following Mulamba’s death, which had been previously used to infer guilt.
The Supreme Court, however, ruled that his flight was likely motivated by fear of repercussions rather than an acknowledgment that his actions had caused Mulamba’s death.
Chishala and his co-accused, Tony Nyemba, had been convicted of murder in 2014. Nyemba, however, had been released earlier on medical grounds.
“This case underscores the importance of rigorous standards of proof in criminal trials,” Justice Hamaundu said.
“The prosecution failed to meet the burden of proof required to sustain a conviction for murder. Consequently, we quash the conviction and set the 1st appellant free.”
Standing in the courtroom, a visibly relieved Chishala praised God, saying, “Indeed, God exists.”
He also took the opportunity to caution the public against engaging in excessive drinking, particularly at drinking joints, urging them to avoid such environments altogether.
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