…UPND cadre tells the Kabwe High Court
Kabwe… Friday, November 8, 2024
A state witness has narrated to the Kabwe High Court how he continued advancing towards Socialist Party (SP) President Dr Fred M’membe who was allegedly holding a gun even after two warning gunshots.
Emmanuel Simposya, 28, a driver based in ISOKA also told court that he sustained a bruise on his right ear from a gunshot wound and later u-tuned saying he needed to look in some form of a Mirror in order to see if scars of the alleged wound were there.
Simposya, a UPND cadre, was testifying in a matter in which Dr M’membe is facing three counts of acts intended to cause grievous harm emanating from the Serenje violence that occurred in April 2023.
In the first count, allegations are that the opposition leader, on the 8th of April 2023 in Serenje District of Central Province, with intent to maim, disfigure or cause grievous harm, wounded Emmanuel Simposya without any lawful justification.
In the second count where he is jointly charged with Daniel Mumba, Dr M’membe is alleged to have assaulted the “victim” in question on the material day and at the place in question.
Particulars in the last count are that the two accused persons allegedly assaulted Haggai Kwenda.
When the matter came up for trial before Hon Lady Justice RH Chibbabuka at Kabwe High Court, the witness told court that on the material day, him and his two friends took food to their camp during a by-election in that area.
He said on their way, they met Dr M’membe and his driver, who had their Vehicle blocking the way.
“I was seated on top of the vehicle, and I was the first to drop, I had one leg in the vehicle and another outside. I was the first one to jump out and started approaching where President M’membe was. I wanted to confirm why they had blocked us. As I was going, he was also coming. But before we could meet, a warning shot was fired in the air by President M’membe. And he shot a second warning. On the third one, we met, he stood, and I also stood. He then told me that you have courage, and you keep approaching even after hearing gun shots. So I answered him that I kept coming because I did not know what was wrong, so I kept coming,” said the witness.
“As I was talking to him, there was a driver for Dr M’membe who came from behind, the way he was coming wasn’t well so I opted to turn round, as I was trying to look behind, I was being pointed a gun by President M’membe, and I only heard a gunshot. I turned on the right side where I was shot. I felt a burning sensation on my right ear, I wanted to bend but the person that came from behind held me, I was not being held as if they were helping me, I was slapped and that is how I fell to the ground”.
Asked to confirm in cross examination, if his statements were inconsistent, he responded in the affirmative
“I put it to you that on the material day that you never spoke to Dr M’membe? Asked the defence, and in response, the witness said “Yes”.
Further asked what is the logical thing when somebody fires a gun in the air? Simposya said “It means you are being warned”.
Asked if a normal person would go towards where warning shots are being fired? He answered in the affirmative.
He was further asked what is more life threatening between someone pointing a gun at you and somebody walking towards you? “The person coming towards me,” he responded.
IN PICTURE: Emmanuel Simposya demonstrates to the court how he was sited in the Car when they arrived where the Socialist Party was holding its public meeting as scheduled by the Electoral Commission of Zambia.
SP Media