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EIGHTEEN members of the notorious Tokota boys gang in Kitwe have been found with a case to answer for forcing a 17-year-old boy to eat his excreta.
The 18 are also facing assault causing grievous harm and kidnapping of the same boy, who had given a moving testimony when he gave evidence as key witness.
High Court Justice Timothy Katenekwa said the prosecution has established a prima facie case against 18 Tokota boys, except one Lazarus Zulu.
Mr Justice Katenekwa said he was satisfied beyond any reasonable doubt that any tribunal could convict the accused persons in the three counts except Zulu.
He said in his ruling that the evidence of the 17-year-old victim connected well with testimonies from other witnesses that the 18 accused persons acted together at the scene of crime.
The judge said the State failed to establish prima facie against on Zulu and therefore acquitted him.
Mr Katenekwa also said results of examination to determine the age of two boys confirmed that the second accused person was a Juvenile between 13 and 15 while the one was 18 or older.
The court would therefore consider both of them as juveniles.
The accused are Limbikani Phiri 18, David Katete 20, a 16-year-old boy, Wisdom Chilekwa 20, Bill Mulenga 20, Moses Chilambe 20, Boniface Lubansa 21, Wesley Chilambo 20 and Richard Siame also 20 years old.
Others are Kingsley Ng’ona 24, Abraham Sikazwe 19, Teddy Chilufya 20, Bernard Chirwa 25, Sydney Kasasa 20, Doctor Simwemba 34, Miles Mumba 28 and Trust Sinkala 19.
They are alleged to have committed the offence on April 30, this year.
In the first count, the boys are charged with acts intended to cause grievous harm on a 17-year-old boy of Mulenga Township.
In count two, the boys are charged with poisoning with intent to cause injury and agony by forcing the boy to eat his faeces while in the third offence the gang is charged with kidnapping or abducting.
The case comes up today for defence.
DAILY NATION
