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Mount Zion Spirit Church bishop Evans Ngulube, Emmanuel Serenje and Jordan Kapembwa were discharged after the prosecution told magistrate Betty Malupenga that the DPP has issued partial instructions in the matter.
A nolle prosequi is a discharge of an accused person but it does not entail an acquittal as they may be re-arrested if fresh evidence linking them to the offence is found.
The release of the trio leaves Ruth’s uncle, George Kalomo, Edward Siandima and Collins Soma in custody. They are charged with murder.
“I am in receipt of instructions to enter a nolle prosequi in respect of Ngulube, Serenje and Kapembwa,” Mrs Malupenga said.
After being discharged from the offence, Ngulube, Serenje and Kapembwa were told by the prosecutors to wait outside the courtroom but later were taken to the holding cells at the Lusaka Magistrate’s Court.
And Ngulube’s elder brother, Blackson, shed tears of joy after the discharge of his sibling.
Mr Ngulube said he has always known that his younger brother is innocent because he has never committed any crime.
“We fasted since he was arrested and locked up on allegations of murder. We thank God for this day because I have never known Evans to engage in such activities. Deep down my heart, I could not believe that my brother had done such a thing,” he said.
Particulars of the matter are that Kalomo, Ngulube, Siandima, Serenje, Kapembwa and Soma, on dates unknown but between July 13, 2012 and July 14, 2012 in Lusaka jointly and whilst acting together with others unknown, did murder 19-year-old Ruth.
The matter comes up on February 23 for mention.
