This is in a matter Makina is jointly charged with Chipili Chilufya, a taxi driver, for aggravated robbery contrary to section 294 (1) of the Penal Code chapter 87 of the Laws of Zambia.
It is alleged that on August 28, 2018 in Kitwe, Makina and Chipili, jointly and whilst acting together with other persons unknown, attacked Rehab Bashid Magwila with a fire arm and used and threatened violence in order to steal copper cathodes valued at K1.8 million, the property of Polytra Zambia limited.
At the end of cross examination before Judge in Charge Timothy Katanekwa, Gavu Nyirongo of Nyirongo and Company applied that the matter be quashed because evidence produced before court does not directly link his client to the crime.
Nyirongo asked the Kitwe High Court to discharge or acquit his client, further submitting that only two state witnesses – Emale Nyondo and Maureen Mongeza -indicated that Makina was present at the crime scene on the material day but did not produced evidence to prove their allegations.
Judge Katanekwa adjourned the matter to June 6, 2019 for ruling on whether or not to find the duo with a case to answer.