The Lusaka Magistrates Court has discharged a 20-year-old man of Lusaka’s Chaisa compound who was shot and left disabled by police for allegedly breaking into Chaisa Community School with intent to commit a felony.
Moses Phiri, who was 18 at the time of the incident and has been left with an amputated leg, was discharged by Magistrate Lameck Mwale when the matter came up for ruling on whether he had a case to answer.
Mr Mwale said he had carefully considered and analyzed the prosecution evidence in support of the charge of breaking into a building with intent to commit a felony and his impression was that a prima facie case had not been established against Phiri.
He said the prosecution evidence was so unreliable, adding that the evidence on record from the witnesses was insufficient and not credible
Magistrate Mwale said although there was a break-in that night at the school, nothing was stolen.
He found the accused with no case to answer and that police officers had wrongly identified Phiri whom they shot and left disabled.
Phiri was arrested on January 14, 2013 without a warrant and was released on bail.