Cattle rustlers to spend 5 years in jail

Cattle rustlers to spend 5 years in jail

By Esther Chisola 

TWO Lusaka men have been sentenced to five years imprisonment with hard labour for stealing cows valued at K24,000.

Agent Lungu, 41, and his co-accused Lenox Muyuni, 46, Alex Simonga, 38, and Fizwell Lungu 30 pleaded not guilty to one count of stock theft.

The evidence is that on November 28 last year, in Lusaka, the four stole three cows valued at K24,000 from Macmillan Mumatasha.

When the case came up for judgment on Monday, magistrate Chrispin Hampungani noted that one of the three stolen animals was returned to the owner, and only two were killed and sold.

“It suffices to say that of the three animals, one went back and two were killed, which were obtained from the complaint’s farm. The animals were killed in the bush, and a phone and knife cover were found. And one cow was found, and the footprints led to the house of Agent Lungu and Fizwell Lungu,” Hampungani said.

He said Zulu was an employee of Mumatasha and he was the one who led the owner of the animals to the place where the animals had been slaughtered.

“Agent Lungu was working for the complainant, and nothing was recovered of the two animals that were killed. From the evidence on record, the fact that the animals were never recovered. They were killed and taken to the place where only the accused knows. I find that the accused had intended to deprive the owner of the animals,” he said.

Hampungani said the evidence before the court had been heavily on the two Lungus and therefore their defence fell short.

“The evidence on record as adduced by both parties points to the accused persons to be the ones who got the animals from the farm of the complainant to the place, they were slaughtered and taken to the market. The complainant followed the gumboots of Fizwell Lungu, and he was found wearing the same gumboots and at the place where the animals were killed from. And Agent Lungu’s phone was found at the scene of crime where the animals were slaughtered from, although he said he left it for network on an anti-hill in the field he was working from,” he said.

Hampungani dismissed the defence by the two Lungus that they were not part of the people who got the animals from the owner’s place.

“I’m satisfied that Agent Lungu and Fizwell Lungu did steal the two animals in line with the two feet of one who was barefoot and the one who had gumboots that traced back to their houses. I find no merit in their defence that they did not know anything,” he said and convicted the rustlers.

However, the magistrate acquitted Alex and Lenox while convicting Agent and Fizwell.

“Alex and Lenox, there is not much evidence connecting them to the office. I therefore acquit them and convict Agent and Fizwell,” ruled the court.

In their mitigation, the two convicts pleaded for leniency.

“Both convicts are first offenders, and they deserve leniency from this court. The now convicts are willing and have reflected on their actions. The convicts are youthful, and at the instance of the second convict, he has a young child, and he is the sole provider of his family. We pray that this court may exercise maximum leniency,” the defence said.

Magistrate Hampungani, however, sentenced the duo to five years’ imprisonment with hard labour.

“I have heard what has been said in mitigation, but the offence of stock theft is on the rise. To deter would-be offenders, I will sentence the two to five years imprisonment with hard labor, effective today,” ruled the court.