LUSAKA magistrate Nthandose Chabala has acquitted UPND member Mwanakatwe Sikasula of idle and disorderly conduct after he allegedly wrote ‘Free HH’ in the toilet at Government Complex last year.
Magistrate Chabala acquitted Sikasula, saying that the prosecutions had failed to make a case against the accused to warrant the court putting him on defence.
In this case, Sikasula, 45 of Ibex Hill, is alleged to have on June 28, in Lusaka, jointly and whilst acting with other persons unknown, publicly conducted himself in a manner likely to cause breach of the peace.
The court said none of the five prosecution witnesses testified having seen Sikasula writing the alleged words in the ablution block at Government Complex.
Magistrate Chabala said the witnesses had testified that other people had used the toilets before Sikasula adding that they did not inspect to see if there was anything written.
She said the arresting officer had testified that he did not investigate the number of people who had entered the ablution block.
Magistrate Chabala said the police did not get handwriting samples to verify whether the alleged words were written by Sikasula.
She said it was unfortunate that the arresting officer charged and arrested Sikasula without investigating the matter properly.
Magistrate Chabala said there was dereliction of duty on the part of the police, which she said had to operate in favour of the accused and result in an acquittal.
She said on the totality of the evidence before her, the prosecution has failed to make a case against Sikasula and acquitted him forthwith.