32-year-old ‘murder suspect’ cop Emmanuel Malambo acquitted
High Court Judge Catherine Mulenga Lombe
By Chali Mulenga in Livingstone, Southern Province, Zambia
THE Livingstone High Court has acquitted a 36-year-old police officer who was charged with the murder of his colleague after finding that the prosecution failed to prove the case beyond reasonable doubt.
Emmanuel Malambo of house number L238 in Libuyu Township, a police officer, had been charged with the murder of Constable Munyinda Mulako, police service number 47471, who was stationed at Libuyu Police Station.
The offence was alleged to have occurred on March 24, 2024, in Livingstone.
In her ruling, Livingstone High Court Judge-in-Charge Catherine Lombe said the evidence presented by the prosecution did not sufficiently establish that Mr Malambo caused the death of the deceased.
Justice Lombe noted that although the death of Constable Mulako was not in dispute, the prosecution failed to discharge its burden of proof.
“The evidence on record falls short of establishing that the accused person caused the death of the deceased,” Justice Lombe said.
The court heard that eight witnesses testified in the matter and that there was an altercation between the accused and the deceased at Libuyu Police Station.
Medical evidence presented before the court showed that Constable Mulako died from a severe spinal cord injury at the C1 and C2 vertebrae, an injury which could lead to immediate death.
However, the court observed that the medical findings did not conclusively point to an assault.
“The medical evidence is inconsistent with assault and does not state with medical certainty that the injuries were caused by an attack,” Justice Lombe said.
Mr Malambo, who pleaded not guilty, testified on oath that the deceased was intoxicated and disorderly and fell twice on his own. He denied engaging in any physical or verbal altercation with the deceased.
Justice Lombe said the evidence raised multiple possible explanations for the cause of the injuries, including the deceased’s intoxicated state.
“The evidence does not exclude reasonable possibilities that the injuries may have resulted from the deceased’s own actions,” she said.
She added that the reasonable doubt arising from the evidence had to be resolved in favour of the accused.
“Accordingly, the accused person is found not guilty of the offence of murder and is acquitted and set at liberty forthwith,” Justice Lombe said.
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