THE State has urged the Lusaka High Court to convict lawyer Keith Mukata of murder, saying it has discharged its burden of proving the case beyond all reasonable doubt.
In this case, Mukata, who is Chilanga UPND member of parliament, and his lover, Charmaine Musonda, are charged with the murder of Namakambwa Kalilakwenda.
Mukata and Musonda are alleged to have on May 6 shot dead Kalilakwenda, 63, an employee of Men in Black Security Company, who was on the material day manning at AKM Legal Practitioners, a law firm where Mukata is a partner. The duo has however denied the charge of murder.
In their final submissions ahead of judgment on February 28, the State submitted that although the evidence that connected Mukata to the commission of the offence was circumstantial, they implored the court to make a finding of guilt.
“It is our submission that if indeed there was a shooter outside the gate, there should have been empty cartridges picked outside the gate in the same way cartridges belonging to the 1st accused were found in the yard. It is our submission that there was no threat of death or grievous harm to the 1st accused person or to any other person to exonerate him from the offence as required in sections 16 and 17 of the Penal Code chapter 87 of the Laws of Zambia,” deputy chief State advocate Mariam Bah Matandala submitted.
The State also submitted that the claim by Mukata that there were intruders was an afterthought.
“The shooting of the deceased was therefore unlawful and unjustified,” she stated.
The State added that Mukata admitted to having fired three shots.
“We submit that the accused’s gun was the same gun that caused the gunshot wound found on the body of the deceased,” Matandala stated.
“It is our submission that the accused person knew or ought to have known that firing a loaded gun would result in death or cause grievous injury to someone.”
The State also submitted that the only reasonable inference that could be drawn on the facts before the court was that Mukata, who was in possession of a firearm that was found to be the murder weapon, shot at the deceased and caused his death.
“We submit that the prosecution has proved the case against the first accused person beyond all reasonable doubt and pray that the court convicts him accordingly,” submitted Matandala.
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