GBM ASSAULT TRIAL BEGINS

A POLICE officer yesterday had a tough time explaining before court how he investigated Arizona Marketing chairperson Geoffrey Mwamba for allegedly assaulting his former employee and later arresting him.
Mwamba’s four defence lawyers, Sakwiba Sikota, Martha Mushipe, Mutakela Lisimba and Makebi Zulu challenged assistant superintendent Flywell Mbale to tell the court how he investigated the matter without visiting the scene of the incident.

Mwamba, 55, a business executive is alleged to have assaulted his operations manager at Arizona Marketing, Collins Mudai thereby occasioning him actual bodily harm.
According to a medical report that Mr Mbale produced in court as part of his evidence, Mr Mudai developed chest pains and a headache as a result of being pushed by Mwamba.

But Mwamba’s lawyers wondered how their client was charged with assault ocassioning actual bodily harm when Mudai had no physical injuries.
The defence lawyers contend that Mr Mbale’s evidence was contradictory as he at one point told the court that Mudai told him that Mwamba pushed him and later changed by telling the court in re examination in chief that Mudai was actually punched.
He also told the court that he visited the pool office at Arizona marketing where the alleged assault took place but Mudai’s statement to the police indicated the assault happened in Mwamba’s office.

Mr Mbale argued that the pool office and Mwamba’s office were the same because they are both found at Arizona.
Mr Mbale told resident magistrate Prince Mwiinga when trial opened yesterday that he had a tough time to collect information from the employees as they were not willing to speak on the matter.
He said he was met with hostility because the witnesses whom he wanted to interview were scared of losing their jobs in an event that they were identified and that even the three people he interviewed refused to give him their names.
Asked by defence lawyer, Ms Mushipe why he did not invite the witnesses to a neutral place like the police for interview, Mr Mbale said he did not do so because he knew that he would still draw a blank as the employees had already shown him that they were not willing to speak out on the matter.
According to documents that were produced by another of defence lawyer Mr Zulu, Mr Mundai was being investigated for forging Mwamba’s signature on a fuel coupon.
Trial continues on December 9, 2014 while Mwamba will appear for mention on November 13, 2014.

Times of Zambia