47-year-old soldier Morgan Sandu gets life imprisonment
High Court Judge Catherine Mulenga Lombe
By Chali Mulenga in Livingstone, Southern Province, Zambia
THE Livingstone High Court has sentenced a Zambia Army soldier and a businessman to life imprisonment with hard labour for aggravated robbery, in a case involving the use of a military firearm during a violent attack in Livingstone.
High Court Judge Catherine Mulenga Lombe convicted Morgan Sandu, 47, a soldier of house number 612, Elaine Brittle, and Llewellyn Mangalele, 36, a businessman of D7 Linda township, after finding that the prosecution proved its case beyond reasonable doubt.
The two were jointly charged with aggravated robbery, while Sandu faced a second count of theft by public servant.
The court heard that on June, 19, 2023, in Livingstone, the duo, acting together with other persons unknown, robbed Oneness Simaliki and, at or immediately before or after the robbery, used or threatened to use violence in order to obtain or retain the stolen property or to overcome resistance.
In her ruling, Judge Lombe said it was not in dispute that the complainant was violently attacked by two assailants, one of whom was armed with what appeared to be a long firearm.
“It is also not in dispute that during the attack a firearm was discharged and an empty cartridge was picked from the vicinity,” she said.
On the second count, the court found that Sandu, being a public servant employed by the Zambia Army, stole one military rifle, an M56, valued at K43,000, the property of his employer.
Judge Lombe noted that evidence showed Sandu had direct access to the armoury where the rifle was kept before it went missing.
“There was no credible or authentic explanation offered as to how the accused’s motor vehicle came to be used in the robbery, nor was there evidence to show that it was taken or used by other persons without his knowledge or consent,” she said.
She added that the prosecution had proved beyond reasonable doubt that the accused persons acted together in committing the offence of aggravated robbery.
In mitigation, defence lawyers pleaded for leniency, submitting that the convicts were first offenders and family breadwinners.
However, Judge Lombe said the court’s hands were tied.
“I have heard the mitigation that you are both first offenders. However, the offences you committed are very serious and attract a mandatory sentence,” she said.
She sentenced Sandu and Mangalele to life imprisonment with hard labour on the count of aggravated robbery.
On the second count, Judge Lombe sentenced Sandu to 10 years’ imprisonment with hard labour, effective from the date of his arrest.
She said the nature of the stolen item, a military firearm, presented aggravating circumstances that removed any basis for leniency.
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