THE Lusaka High Court has heard that the arresting officer for murder-accused lawyer Keith Mutaka and his lover Charmaine Musonda assured lawyers that all evidence from the crime scene would be included in the report which was submitted in court.
But the lawyers say certain evidence like the alleged empty cartridges that were picked outside the premises of Mukata’s law firm was missing.
Lusaka High Court judge Susan Wanjelani heard this when State Counsel Bonaventure Mutale testified as a defence witness in the matter.
Mutale told the court that he was engaged in May to represent Mukata and Musonda, who were incarcerated at Emmasdale Police Station for the murder of Namakambwa Kalilakwenda.
Kalilakwenda was shot dead on May 6 at AKM Legal Practitioners offices situated at house number 4, Alex Masala Close in Rhodes Park, the law firm in which Mukata is a partner.
Mukata and Musonda have denied killing Kalilakwenda.
When asked by lead defence counsel Milner Katolo what exactly he did in the matter, Mutale said he was present when the police took warn and caution statements from Mukata and Musonda.
“The first accused person (Mukata) also instructed me of his concerns relating to the conduct of investigating officers. He had reliable information that the officers had discovered empty cartridges both in the parameters of the yard and others found outside the wall perimeter of the fence. His concern was that the officers were overheard debating the exclusion of the empty cartridges found outside the fence. His concern was that there should be no suppression of evidence by investigators. He instructed me to bring the matter to the attention of the police command at either Emmasdale police or headquarters,” Mutale said.
He said he had audience with detective chief inspector Mubita Muya, who was the arresting officer in the matter, over the concerns by Mukata that empty cartridges were picked from outside the yard.
“I was in the company of my assistant, Mukunsa Bwalya, who took down the notes. Before I could even bring out the matter, the CIO assured me that the investigation was going on well and informed me of the cartridges. I told him that was the purpose of my visit to ascertain the existence of those cartridges. He confirmed that all evidence from the site would reflect in the report. I had no reasons to have reservations and saw no need of taking the matter further,” Mutale said.
He said towards the end of his meeting with detective chief inspector Muya, the latter confirmed having interviewed some relations of Kalilakwenda to establish the relation between him and Mukata.
“He (detective chief inspector Muya) confirmed that A1 (Mukata) and the deceased had a very good relationship,” said Mutale.
Hearing continues today.