A-21-year-old man of Kazomba compound in Solwezi District has walked to freedom after being acquitted on burglary and theft charges by the Solwezi Magistrate Court.
Nelson Mutoya was discharged by Solwezi Principal Resident Magistrate, Mambwe Mukonde when he appeared for judgement.
Particulars of offence were that Mutoya on the night of 29th April 2026 jointly and whilst acting together with others unknown broke into a dwelling house with intent to steal and did steal a 65-inch black Television set, a sub-woofer and speaker altogether valued at K35,198.
Magistrate Mukonde found that the state had not proven the case against the accused and set him free saying suspicion does not amount to proof.
She said there was no direct evidence before court showing his involvement in the theft of the said items.
“No one saw the accused break in the house. There is no direct evidence on record to that effect. His co- accused testified before this court that the accused played no role and he just acted based on what he had been told by the co accused,” Ms Mukonde said.
She said Mutoya’s testimony was consistent on his dealings with the TV set which he took to a money lender as security for a K5,000 loan he was obtaining on behalf of someone else.
“I find that the state has not discharged its burden of proving the case against the accused beyond reasonable doubt. From the foregoing, I find the accused not guilty as charged and I acquit him accordingly,” Magistrate Mukonde said.
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