EVIDENCE has emerged revealing injustice and corruption which marred the case in which Brenda Mukalula Tembo was accused of assault on a child. Brenda, the wife of former Zambia Association of Musicians president Njoya Tembo, was convicted on January 30 by senior resident magistrate Greenwell Malumani and sentenced to five years imprisonment for allegedly assaulting her 14-year-old niece.
The incident happened on October 26, 2016.
She, however, appealed the sentence and advanced several grounds, among them that magistrate Malumani misdirected himself in law and fact when he found that the injuries which her niece sustained were as a result of being beaten with a cooking stick when the alleged weapon was not produced in court. After hearing evidence from Brenda and the State, High Court judge Mwila Chitabo quashed the sentence, saying there was reasonable doubt and no legal basis on which such conviction was passed. However, information reaching The Mast reveals that the arresting officer in the case, Elizabeth Nambela of Woodlands Police Station, lied on oath during her testimony in court and later confessed and apologised to Brenda over the matter.
According to a complaint letter written by Njoya dated March 14, 2018 to Inspector General of Police Kakoma Kanganja and copied to the Police Public Complaints Commission, Nambela misconducted herself in the matter.
“The following clearly show [sic] the misconduct of officer Nambela: 1. She contacted and met the accused [Brenda], even inviting her and myself to her home. 2. She suggested to be paid money in order for her to secure discharge or acquittal.
Njoya further wrote that he obtained audio recording where Nambela met Brenda and asked for forgiveness for implicating her falsely in the case. According to the about 40 minutes audio recording, which has been obtained by The Mast, Nambela is heard telling Brenda that she had been troubled and had no peace. She said; “The only thing I am asking for is forgiveness. If you can find room in your heart to forgive me because I call you a sister…I’ve got something that we can work on but it is up to you; you either agree or you go and think about it, and then you will tell me to say my sister, we can go ahead.”
Nambela tells Brenda that; “We can plan but without God, we are nothing. I know you have come across that. So, we ask for just you to be discharged or to be acquitted, it’s a two-way thing, to be discharged on the action that we are going to take, or as you give defence, we don’t know which is which that God has prepared, but at the end of the day, you should be free. I hope we are together.”
Nambela also schemes on how Brenda should fake the second email to her boss in London who had earlier received an email from an anonymous person.
“The email that we have, we don’t know the one who originated it. But, there are two people in suspense, that we are suspecting, that’s your former boss and this teacher…Mrs Mudia, these two people. So, what you are going to do is, you are going to do another email. The email that you are going to do…muleumfwa? It will be opposite of what is there. The email that you are going to write is having…apologising for the…for what you had done. You understand.”
Brenda in her response said she was lost and Nambela told her “it is difficult sometimes when you are sorting out problems, you use wisdom” and how she wished they had done it. Nambela tips Brenda on how she should write an email which is the opposite of what was presented in court as evidence and drop a copy at the police.
Further, Nambela is heard telling Brenda that looking at what she made her to go through, she wanted her to go and think about it and that if she was for the idea, she was going to do it. Nambela also is heard telling Brenda that if the email goes through, she would coerce the child to change her statement, in an event that the court recalled her to testify again. The officer also schemed how she was going to bring the fake email to the attention of magistrate Malumani and a Mrs Hambayi from National Prosecutions Authority.
Nambela: “From deep down my heart, I didn’t mean to hurt, either to take you to prison. Brenda my young sister, I’ve testified against so many people. I’ve taken people to prison, but I have never reached this far of asking, what can I do? But it is because I have believed that you didn’t do it. That is why I have asked God and that is why from deep down my heart I am saying, can we fast over it? I’ve told God I made a mistake, but God forgives, I didn’t realise I was making a mistake for my sister.”