A 16-OLD boy unlicensed driver is in court for allegedly killing a security guard he bashed when driving a speeding Toyota Alphard.
This is in a case the teenager of Chalala, who will be called TJ, charged with murder.
He allegedly killed Enoch Chanda, 35, a G4S security guard at Manda Hill mall sometime last December.
According to police, it is alleged that on the material day at Manda Hill mall, the Toyota Alphard TJ was driving hit into a Toyota Allion.
Afterwards, a security guard stopped TJ, and advised him to park the car while Mr Chanda was at the time manning the car park near the gate.
But after assuring the security guard that he would park the car, TJ sped off but in the process of trying to flee, he allegedly bashed Mr Chanda who was closing the gate to prevent him from driving out.
Mr Chanda died on the spot and police later apprehended TJ and a 21-year-old man who allowed him to drive the car.
The juvenile yesterday appeared before Lusaka resident magistrate Anna Vomvas Holland charged with murder.
After the court read out the murder charge, the minor said he understood it.
Magistrate Holland told the child offender, who was with the auntie, said matter is beyond her jurisdiction, because it is heard at the High Court children’s court by a Judge.
Defence lawyer Robert Siulapwa then applied for bail quoting sections 70 and 73 of the Child Code Act.
He asked that the child in conflict with the law be allowed to go home so that he can continue with his education especially that he had stayed away from school since his arrest last December.
“We understand that under normal circumstances, the offence of murder is non bailable, however, this is a matter involving a child,” the lawyer said.
But public prosector Chipo Gura said much as the application was application, the State was already in receipt of a certificate to refer the case to the High Court for trial.
“We are of the view that this application be made in the High Court where the court will have jurisdiction after the matter has been committed,” she said.
But Mr Siulapwa contended that the magistrate had a role to play to ensure he is released on bail during transition of this matter to the High Court.
The matter comes up today for ruling on the bail application.
(Mwebantu, Thursday, March 28th, 2024)