A 27-year-old police officer, Given Kayelu, has been convicted and sentenced to two years imprisonment with hard labor for stealing an AK-47 rifle valued at K3,000.
The verdict was handed down by Lusaka Magistrate Ireen Wishimanga, who found Kayelu guilty of theft by a public servant.
The court heard that between June 4 and 6, 2023, Kayelu unlawfully took the firearm from the government armory at Government Printers and traveled to Gwembe without authorisation.
Although Kayelu initially followed the procedure to withdraw the firearm, he lacked the requisite permission to remove it from the district and later failed to report or return it, keeping the weapon at a private residence in Pemba for over a year.
Magistrate Wishimanga underscored the suspicious nature of Kayelu’s actions.
The firearm was not assigned to him, and his decision to retain it during his leave raised serious questions.
The court dismissed Kayelu’s explanation that his possession of the firearm was related to his wife’s complaint in Gwembe.
Instead, it concluded that his intent was to deprive the government of its property permanently.
“What was the AK-47 doing with the accused when he was on leave? If, indeed, his wife complained in Gwembe, why didn’t he have the AK-47 rifle deposited at Gwembe police station but took it to Pemba to someone’s house?, Magistrate Wishimanga questioned.
She labeled Kayelu’s actions fraudulent, stating that his intent to remove the rifle from Lusaka was a clear abuse of his position as a public servant.
The prosecution successfully proved its case beyond a reasonable doubt, leading to Kayelu’s conviction.
In mitigation, Kayelu’s defence emphasised his youthful age, remorsefulness, and potential to reform, urging the court to impose a lenient or suspended sentence.
However, the court deemed his actions a severe breach of trust, particularly as a police officer tasked with securing firearms.
Magistrate Wishimanga sentenced Kayelu to 24 months imprisonment with hard labor, effective June 7, 2024, the date he was apprehended for breaching his bail conditions.
The trial Magistrate expressed hope that the sentence would serve as a deterrent to other public servants considering similar actions.
