'44 Coup Plotters'

The Times of Zambia (Ndola)
NEWS
December 19, 2003
Posted to the web December 19, 2003

By Margaret Mangani

THE Supreme Court was yesterday turned into a mourning ground when relatives of
soldiers of the 1997 failed coup wailed openly after the court upheld the death
sentences for 44 men including masterminds Stephen Lungu alias Captain Solo and
Jackson Chiti.
The court, however, acquitted 10 soldiers after their appeal against conviction
by the lower court succeeded.
The anxious relatives who could not hide their emotions wailed in spontaneous
choruses after the court handed down the voluminous judgment which lasted for
more than four hours.
Capt "Solo" put a brave posture and raised a hand in triumph while Jackson
Chiti was confined to a wheelchair after being operated on for prostate cancer.
His legs were puffed up and he could not walk.
While inside the court room, one of the condemned soldiers out of anger grabbed
a police officer and punched him as he was being led away to a waiting truck
outside before other officers separated them.
Those acquitted were Teddy Phiri, Mufungwa Nasilele, Dilax Malufya, Langford
Lukwesa, Gift Chisha, Isaac Munthali, Peter Chanda, Francis Konkola, Kandembe
Nyundu and Kennedy Kaleyi
In delivering the judgment Chief Justice Ernest Sakala who was sitting with
Deputy Chief Justice David Lewanika, Dennis Chirwa, Irene Mambilima and Peter
Chitengi said the appeal by the 44 soldiers was dismissed.
In dismissing their appeal, Mr Justice Sakala said the court could not doubt
the findings of Judge Japhet Banda when he convicted the 44 soldiers for being
guilty of the nine overt acts of treason which the prosecution had preferred
against them.
"On our part we have played our role. It's now up to the Republican President,
may be he can exercise his prerogative of mercy on the convicts," Judge Sakala
said.
The court however, dismissed the soldiers' defence advanced by their respective
counsels claiming that they were merely obeying superior orders when they
involved themselves in the October 27 failed coup.
"The defence of superior orders is no defence at all. The mere act of obeying
superior orders does not excuse a person from criminal liability," the court
said.
The convicted soldiers were aware of the unlawful acts especially that Capt
Chiti had earlier on that night announced to the officers they were on a
mission to over-throw Chiluba's government and urged them to cock up their guns
and get serious with the operation.
Mr Justice Sakala said even the conduct of the soldiers in the early hours of
October 28, when they drove in a convoy from former army commander Nobby
Simbeye's residence to Arackan barracks after capturing his family in a frenzy
of celebrations, meant that they were part of that unlawful mission.
On the 10 who were acquitted, the court ruled that they were not mentioned as
having participated in the overt act.
The court earlier attributed the delay in delivering judgment to the complexity
of the case coupled with the big number of soldiers involved.
The Supreme Court was indebted to the defence counsels who included State
counsel Professor Patrick Mvunga, Mr Sachika Sitwala and Sakwiba Sikota for
their lengthy submissions which they made on behalf of their clients who had
all elected to remain silent in defence.
The 44 were whisked back to Mukobeko maximum prison in Kabwe amid tight
security while Chiti had to be ferried separately in a light police truck
accompanied by Lungu.
Others who lost their appeals are Alfred Kamanga, Daniel Chilombe, Christopher
Moonga, Stephen Mubita, Macdonald Siachona, Ackson Nswana, Ketson Chama,
Marshal Simwinga, Kennedy Muzata and Frazier Jere.
Cuthbert Halwindi, Stephen Musonda, Robby Kalenga, Mabvuto Sakala, Elvis
Chanda, Nelson Mbuzi, Michael Mulungushi, Kelvin Kalenga, Jonas Mbewe, William
Chashi, Justin Mungwaya and Costa Mambwe will also have to hang.
The court also upheld the death sentence for Kennedy Nyambe, Noah Phiri,
Michael Mwape, Dennis Mwenda, Alex Mulenga, Chipulu Chilekwa, Aaron Simwawa,
Pumulo Sifunganyambe, Brighton Kwibisa and Davey Phiri.
Others still on the death roll are Albert Chela, Robert Kapusa, Patrick Mwaba,
Justin Mulenga, Godfrey Milambo, Berrington Mukoma, Baldwin Manasse, Progress
Siambai, Lubanga Ngoshe, Victor Silweya and Stonny Kitakwa.

   

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