Suspected kidnapper, Bwalya, is of sound mind to stand trial —Judge rules

Lusaka High Court Judge, Charles Kafunda, has ruled that James Bwalya, charged with the abduction of 13 women is of sound mind to take plea and follow proceedings.

Judge Kafunda was of the view that Bwalya’s ant-isocial personality disorder is not a mental illness.

On Monday, Consultant psychiatrist, Dr Patrick Msoni, told the Court that Bwalya suffered from an anti-social personality disorder, thus, not fit to stand trial.

He clarified that the disorder was not a mental illness.

Dr Msoni outlined the characteristics of the disorder as failure to conform to social norms with respect to lawful behaviour, by repeatedly performing acts that were grounds for arrest, deceitfulness as indicated by repeated lying or conning others for personal profit or pleasure, impulsivity and lack of remorse or empathy.

The state prosecution opposed the conclusion of the report and urged the Court not to adopt it on the basis that the disorder was not a mental illness.

Judge Kafunda in his ruling on Wednesday declared that Bwalya was fit to stand trial.

He held that the symptoms outlined in the medical report as having been exhibited by the accused such as indifference and a background of misconduct did not render him mentally unfit to stand trial according to section 160 of the Criminal Procedure code.

Section 160 of the Criminal Procedure code states: Whether the accused is,by reason of unsoundness of mind or of any other disability, incapable of making a proper defence,the court shall inquire into and determine such question as soon as it arises.

Judge Kafunda stated that it was settled law that an opinion of an expert witness was his own opinion only and that it was the duty of the Court to come to its own conclusion based on the findings of the expert witness.

The trial judge said from the evidence on record, Bwalya did not have any hallucinations and delusions and was coordinated to time and space.

“This is because notwithstanding the Antisocial personality disorder that was diagnosed in A1,A1(Bwalya), as stated above, does not have any hallucinations and delusions, he is well oriented to time and space.”

” His memory for recent and remote events is not impaired and he had a fair fund of general knowledge. In the view of the court,the forgoing attributes of A1 put him in a reasonable position to appreciate the charges against him and the proceedings in which he is arraigned. For the forgoing reasons, I find A1 is mentally fit to stand trial,” he ruled.

Judge Kafunda ordered that Bwalya’s spine condition be reviewed between May 3 and 5, 2023 and the report presented to court by the medical expert on May 8,2023.

The trial said that should Bwalya be declared physically fit to stand trial, he and co-accused Matthews Sikaonga would take plea on May 8,2023.

Bwalya and Sikaonga, both 22, are charged with 54 counts in relation to the abduction of Pamela Chisumpa and 12 other women last year.

The duo allegedly kept the 13 women at a house in Lusaka’s Chalala area where they subjected them to inhumane conditions which include rape and assault.

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