Mukata Gets Death Sentence, Co-accused Acquitted
By Staff Reporter
Opposition UPND member of parliament for Chilanga, Keith Mukata has been found guilty and sentenced to death by hanging for allegedly killing a security guard at his law firm in May last year.
Passing judgement in the People versus Mukata and Charmaine Musonda, Lusaka High Court judge Susan Wanjelani acquitted the latter as there was no adequate evidence linking her to the murder of Nakwambwa Kwenda 63.
Mukata during trial gave evidence while Musonda opted to remain silent, which is her constitutional right.
The defence argued that there was no direct evidence linking the accused to the murder.
The judge found that it was deleterious of duty for the police as pellets in which the gun is said to have been found was not produced as evidence while the BMW vehicle was not taken to the scene for crime reconstruction.
Judge Wanjelani noted that there was conflict between where the firearm and keys of the BMW were found.
She said Mukata’s position that the gunshots that could have killed his guard were heard from outside of the premises was “an afterthought as I find no reason that PW6 could lie on oath while his misdemeanor is not questioned as he even apologised for taking photos of the accused”.
Wanjelani further said, “it is common cause that the deceased was facing his killer at close range. I therefore find that the deceased could not have been killed by a gunshot from outside the gate but from inside”.
She said the fact that three cartridges were found inside the gate confirms that the deceased was shot by a person face to face.
“I establish that the wound was caused by a gunshot from A1 but the question is whether there was any malice forethought,” she said.