PW4 was intelligence officer Aubrey Hamweene who said that he did not know what happened at HH’s house when he was there.
Magistrate Malumani says state witness Hamweene told the court that he did not know the distance between them( police) and HH at the time they went to HH’s house.
Magistrate Malumani says state witness Hamweene admitted that he did not write any report and that such a submission shows that state witness Hamweene was only brought to testify without evidence. And that was the end of the submissions.
He says HH remained silent in court.
JUDGEMENT IN FACTS…
In the night of 10th April, 2017, the state police officers went to HH’s and they arrested him the following day.
Magistrate Malumani says there is no pictorial evidence that HH used insulting language and that the submissions by state witnesses who are all police officers, there was no single independent person brought to court as witness.
Magistrate Malumani says arresting officer of HH for all charges, Mbita told the court he went to western province for duties and that he never recorded any statement but arrested HH on all charges without investigations.
Magistrate Malumani says it is within the law that always investigations are done before arresting anyone and that investigations must yield positive results.
Magistrate Malumani says cites that police have no powers to arrest and later begin doing investigations but that police must investigate and then arrest .
Magistrate Malumani says the arresting officer of HH and his evidence show that they arrested HH without any investigations but later begun investigations.
He says he makes this submission because Mbita is the arresting officer of HH for all charges including treason but without any investigations. Magistrate Malumani says even state advocates found it difficult to defend the case.
Magistrate Malumani says the law is clear on what constitutes insulting language and that this is supported by many other cases.
Magistrate Malumani says he was reffered to various case by the State advocates that insulting language is an offense.
And in trying to defend lies by the State witness, the state advocates submitted that police witnesses must not be taken that they are interested parties but on duty.
Magistrate Malumani says the evidence listed by defense lawyers shows however that there was no insulting language because no police officer was called from kabwata police station to tell the court that state witnesses reported the matter there.
Magistrate Malumani says how can a police officer be a complainant and arresting officer at the same time?
He says it is like one being a judge and defense lawyer who wants to argue out his own case or interest.
Magistrate cites that the court cannot convict anyone on hearsay.
Magistrate Malumani says in this case, all the witnesses are police officers and and that state witness and arresting officer of HH, Mbita did not investigate the alleged treason charge but arrested HH.
Magistrate Malumani says how can the court rely on evidence by arresting officer of HH, Mbita who told lies on oath and later apologize?
Magistrate Malumani says state witness Mbita told the court that Lawyer Martha Mushipe wanted to beat him but Magistrate Malumani says State witness Mbita is not a credible arresting officer especially that he is the one who arrested HH for treason but without any investigations.
Magistrate Malumani says it was argued that there could be other evidences hidden by state witness.
Magistrate Malumani says the law is clear that it is not the duty of police to convict people but take evidence to court which should lead to convictions.
Magistrate Malumani cites that behavior of police must be condemned because not all those brought to court are criminals but only hated by sadist.
Magistrate Malumani cites justice Lomba that if police can be professional only serious cases must go to court and not crowding prisons .
Magistrate Malumani says arresting officer of HH, Mbita has shown how abuse of power is going about in the country as he is the one who arrested HH without doing any investigations.
Magistrate Malumani says the court has no duty to bare witness to state witnesses who fail to avail evidence.
Magistrate Malumani says due to the state witnesses failure to show any single grain of evidence, police officers failed to show why they arrested HH.
Magistrate Malumani says anyone arrested will be treated as a suspect until proven guilty by the courts of law as enshrined in the commonwealth regulations.
Magistrate Malumani says it is because of such that HH decided to remain silent he can’t say a thing especially that this is a criminal proceeding.
Magistrate Malumani says the burden is on the state to prove that HH did not commit any offense.
Magistrate Malumani says has acquit HH of insulting language forthwith.