The Lusaka Magistrates Court, Mutinta Mwenya has found ex-University of Zambia (UNZA) student Henry Chisenga with a case to answer for allegedly stealing 16 sets of computers worth over K60, 000 property belonging to UNZA.
When passing the ruling, Magistrate Mwenya said she found that the state had made a prima facie case.
“I have therefore found the accused with a case to answer and put him on his defence”, the Magistrate ruled.
In his defence, Mr Chisenga told the court that somewhere in August 2023, he approached UNZA Head of Department of Food and Nutrition Agric department Chiza Kumwenda whom he found at the institution car pack and asked him if he can allow him to take one computer.
He told the court that Dr Kumwenda said the university would not be pleased to hear that its property is under the possession of a student then he later asked him if he can just make use of the computer laboratory for his school project.
Mr Chisenga said that Dr Kumwenda agreed and directed him to go and see the secretary in his office while he rushed somewhere.
He told the court that he went to the office and found the secretary Mr Chibanga and told him that he talked to Dr Kumwenda so that he could make use of the computer lab and that is how the secretary gave him the keys and the log book which he logged in.
Mr Chisenga said when he entered the computer lab, he found it dirty and some computers were disconnected and other cables were distorted.
” I found 16 computers, six were not switching on, the ones which were switching on, were 10 and they had viruses, the old computer systems had harbored viruses so being the one who asked to make use of the computer lab, I wanted to put everything in order to make use of them, that is how I took the computers to a place where we could clean them and put new operating systems in good condition without viruses and the rest which were not switching on, I had to consult from someone within the campus why they weren’t switching on”, he told the court,’’ he said.
In his defence, Mr Chisenga said he worked on the 10 computers which had viruses and stayed with them in his room waiting for the remaining six which had switching on problems to also be cleaned.
He told the court that on August 28, 2023, he received a call from Dr Kumwenda whom he met at the institution’s old Car park and told him that he has piece work of helping him to access data for his project.
Mr Chisenga told the court that from there Dr Kumwenda handed him into the hands of UNZA security and told him there was an investigation of stolen computers.
“On my way back to the school, I told Sergeant Chutu that I was the one with the computers in question then the rest where somewhere, I showed them the room where I was staying where the ten computers were, then from there, they took them to Chelstone Police Station together with the keyboards and cable, that is how I was thrown in cells on August 28, 2023.
This is in a matter where Mr Chisenga is charged with breaking into a building and committing a felony.
The offence is contrary to Section 303 clause A of the Penal Code Chapter 87 of the laws of Zambia.
Particulars are that on August 18, 2023, Mr Chisenga entered into UNZA Library and allegedly stole sixteen sets of computers worth over K60, 000.
Magistrate Mwenya has adjourned the matter to January 23, 2024 for judgment.
