A 16-year-old boy has found himself in the Lusaka High Court facing charges of murder after allegedly being involved in a fatal car accident that resulted in the death of a mall security guard.
During the proceedings for his bail application, concerns were raised by the State regarding the safety of the juvenile if he were to be released pending trial. The prosecution argued that due to the seriousness of the offence, there was a risk of potential retaliation from the deceased guard’s relatives.
The teenager, referred to as CJ, stands accused of murder following an incident where a Toyota Alphard he was driving collided with Enoch Chanda, a 35-year-old security guard at Manda Hill Mall, leading to his demise. CJ pleaded not guilty during the court session, while his lawyer, Robert Siulapwa, applied for bail under section 73(2) of the Children’s Code Act.
Mr. Siulapwa emphasized the court’s responsibility to weigh the safety of the community against the rights of the juvenile offender before making a decision on bail.
In response, the State argued that the severity of the offence posed a potential risk to the teenager’s safety if released, particularly from possible retaliation by the deceased guard’s relatives who may not fully grasp legal proceedings. The prosecution requested that bail be withheld until an assessment of the juvenile’s safety within the community could be conducted.
In her ruling, Judge Mwamba Chanda acknowledged the possibility of granting bail for offences involving minors but stressed the importance of ensuring the safety of both the juvenile and the community, especially in cases involving aggravating factors.
Judge Chanda ordered a juvenile inspector to assess the situation by conducting interviews with the families of the deceased, the juvenile offender, and other members of the community. Bail will only be granted if it is determined that releasing the juvenile poses no threat to the community or if he himself is not at risk.
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