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Judicial CP - September 1998

Corpun file 4054

The Times of Zambia, Ndola, 4 September 1998

Cells fighter to be caned

By Times Reporter

A YOUTH who assaulted a fellow inmate in cells as a way of "baptizing" him was yesterday ordered to receive eight strokes of the cane by a Ndola magistrates court.

Magistrate Edson Tembo castigated Manfred Kapambwe, 21, unemployed, of 2508 Masala, warning him that he did not have a right to beat other suspects.

Kapambwe, who is already serving a six-month jail term for a different offence, assaulted John Kazembe in a Masala police station cell on July 9.

Mr Tembo ordered that Kapambwe be flogged after completing the current prison term.

"Although you had denied the charge the evidence in this court was that you beat Kapambwe whom you were sharing a cell with at Masala police station," Mr Tembo said.

Reviewing the prosecution's evidence Mr Tembo said Kapambwe was the first to be detained in cells. Later Kazembe was brought in and as a way of welcoming him Kapambwe punched him on the nose.

"You said that was the usual way of welcoming new inmates in cells," Mr Tembo told Kapambwe.

Police were surprised to see Kazembe with a swollen nose in the morning who told them he had been punched by Kapambwe.

Mr Tembo said Kapambwe had failed to refute that evidence in his defence and he, therefore, found him guilty of the offence.

If he had not been a serving prisoner, Mr Tembo told Kapambwe, he would have meted out stiffer punishment on him.

"You have no right to beat other suspects when you are in cells because they are innocent until proven guilty by the courts which have the power to punish offenders.

"However, I will be lenient with you because you are already serving another sentence," Mr Tembo said.

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