The ruling on whether a police officer, Constable Funwell Nyundu, has a case to answer in connection with the fatal shooting of State prosecutor Nsama Chipyoka and UPND supporter Joseph Kaunda in December 2020.The Lusaka High Court has scheduled February 7, 2025, to deliver a ruling, as announced by Judge Egispo Mwansa after the prosecution concluded presenting its evidence.
Prosecutors allege that on December 23, 2020, Nyundu, then 25, fatally shot Nsama and Kaunda near the Cabinet Office in Lusaka.
This occurred as police dispersed UPND supporters gathered to back then-opposition leader Hakainde Hichilema, who was being questioned at the Lusaka police headquarters over a Kalomo farm.
Nyundu has pleaded not guilty to two counts of murder.
Arresting officer Buyoya Simunza testified that investigations linked an AK-47 rifle with serial number EN 2650, in Nyundu’s possession, to the fatal shootings.
During cross-examination, Nyundu’s defence lawyer, Willis Muhanga, scrutinized the investigation’s handling, questioning the thoroughness and impartiality of the process.
Simunza admitted to relying on reports from other officers and forensics but acknowledged he did not personally interview officers who handled the victims’ bodies or witnessed the crime scene.
The court heard that key evidence, including CCTV footage from the Ministry of Defence, was not produced because it allegedly failed to provide a clear view of the incident.
Simunza confirmed that firearms used by officers on the scene, including the one linked to Nyundu, were not immediately secured or examined before being handed to ballistics experts.
The defense suggested that police actions were influenced by public and parliamentary pressure, a claim Simunza denied, stating the investigations were conducted independently.
The defense also raised concerns about incomplete records of ammunition issued and returned by officers involved.
Contradictions in witness statements about who fired the fatal shots and allegations that senior officers present at the scene may have been involved but were not thoroughly investigated were also highlighted.
Simunza acknowledged that Lusaka’s then-commanding officer, Nelson Phiri, was present during the shootings but did not order or confirm the firing of weapons.
The defense has maintained that Nyundu was not responsible for the shootings, questioning the integrity of the evidence and the investigation process.
