In a landmark ruling, the Supreme Court has acquitted Davies Chishala, a 50-year-old resident of Luwingu District, who was previously sentenced to death in 2014 for the alleged murder of his friend during a drinking spree. The judgment, delivered during a special session in honor of now-retired Judge Evans Hamaundu, marks a pivotal moment in Zambia’s legal landscape.
Chishala had been jointly charged with Tony Nyemba for the murder of 65-year-old Fredrick Mulamba in a case that captured significant public attention. The trial court’s initial conviction hinged on testimony from a key witness, whose statements were later deemed inconsistent and unreliable.
Delivering the judgment on behalf of other judges, Justice Hamaundu highlighted critical errors made by the trial court. The conviction, he explained, was based on testimony from a witness who was later declared hostile. This legal misstep led to the wrongful conviction of Chishala, ultimately casting doubt on the integrity of the trial process.
“The trial court erred in law when it relied on inconsistent testimony, leading to an unsafe conviction,” Justice Hamaundu stated during the ruling.
The acquittal brings to an end more than a decade of legal battles for Chishala, whose case has sparked broader conversations about the reliability of witness testimony in criminal trials. Legal experts have praised the judgment as a reaffirmation of the Supreme Court’s commitment to justice and the rule of law.
The ruling was part of a special session held to honor Justice Evans Hamaundu upon his retirement. Renowned for his meticulous legal mind and dedication to justice, Justice Hamaundu’s legacy includes numerous landmark rulings that have shaped Zambia’s judicial system.
This judgment underscores the importance of thorough scrutiny in criminal trials and the need to ensure that convictions are based on irrefutable evidence. It also serves as a reminder of the judiciary’s responsibility to correct miscarriages of justice.
The acquittal of Davies Chishala is not just a personal victory but a significant moment for Zambia’s legal system, illustrating the Supreme Court’s role as the ultimate safeguard of justice. As Justice Hamaundu steps into retirement, this case stands as a testament to his enduring impact on the pursuit of fairness and integrity in the judiciary.
