Kasempa magistrates court has sentenced two police officers jointly charged with three others to 18 months imprisonment with hard labour suspended for 24 months for theft of a hydraulic pump.

This is in a matter where constable Bernard Bwalya, constable Ignatius Chola, Daniel Mufwaya, Trajius Chola and Maxwell Nawa are jointly charged with the offence of theft contrary to section 272 of the penal code Chapter 27 of the laws of Zambia.

Facts before the court are that on dates between December 5 and 7, 2019 in Kelongwa area Kasempa district, the accused while acting jointly stole an excavator hydraulic pump, tools box, heavy duty battery, unknown litters of diesel and hydraulic oil from a CAT excavator belonging to ATL Drilling Company.  

In mitigation the five accused asked the court to exercise maximum leniency as they were breadwinners and first time offenders who if sent to prison their families would suffer.

In passing Judgment, Magistrate Evans Yikona held that he was not in dispute that the excavator hydraulic pump, tools box, heavy duty battery, 300 litters of diesel and two stoplights from a CAT excavator were stolen between 5 and 7 December, 2019 in Kelongwa area of Kasempa.

Magistrate Yikona added that it was further not disputed that the five jointly charged were found with the stolen excavator hydraulic pump.

He  said the state has proven the case beyond all reasonable doubt against the five accused that they had stolen the hydraulic pump. 

Magistrate Yikona therefore found the five accused guilty of theft contrary to section 272 of the penal code Chapter 27 of the laws of Zambia and sentenced them to 18 months with hard labor with effect from yesterday. April 21, 2020.

The state applied that the stolen excavator hydraulic pump and spot lights can be restored to ATL Drilling Company and the Toyota Hiace that was used to ferry the stolen items to be restored to its respective owner.

Magistrate Yikona, after considering the applications from the state, held that the hydraulic pump, spot lights and Toyota Hiace should be restored to their respective owners.

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