FORMER president Rupiah Banda is not a criminal and has never been convicted of any offence in the Zambian courts, the Zambia Police Service has said.
The police service said it had proved beyond any reasonable doubt through advanced fingerprint technology that former president Bada did not have any criminal record in the service data of criminal records.
Charles Zyambo, a finger print expert in the Zambia Police, told Lusaka Magistrate Charles Mulife, in a case in which Post Newspaper owner Fred M’membe and Rainbow Party leader Wynter Kabimba are facing criminal contempt against former president Banda, that he had searched the Zambia Police criminal data records and found that the former president had no criminal record.
Mr Zyambo testified that as a fingerprint expert, he had recieved a finger print form containing the finger prints of president Banda and went into the Zambia Police criminal record data to compare the prints and did not find any finger prints that were identical to those of the former head of State.
He testified that after recieving former President Banda’s finger prints, he went into the criminal record of the Zambia Police and compared the prints against all the records for the people that were previously arrested, charged, prosecuted and convicted by the courts and found that former president Banda was not in the country’s criminal record data.
Mr Zyambo told Magistrate Mulife that he was compelled to repeat the scientific search after the Zambia Police criminal record data failed to identify Mr Banda’s fingerprints to be among the people with criminal records in Zambia and that his second search did not change the results of his first exercise.
“A person qualifies as a criminal if he has been arrested, charged, taken to court, found with a case to answer, convicted and sent to jail. I recieved the fingerprints of former president Banda and I went into the criminal record data of the Zambia Police to compare his prints against all the records for the people that were previously arrested, charged, prosecuted and convicted. I found that the finger prints were not identical with any criminal record we have at Zambia Police. Former president Banda is not a criminal and has no criiminal record. As far as I am concerned as an expert and as far as the Zambia Police is concerned, former president Banda has no criminal record and this tels us that he has never been convicted by any of the Zambian courts,” Mr Zyambo said.
He said in his professional career as a fingerprint specialist, he had never experienced a situation where two fingerprints from two different people could come into agreement or identical unless they were produced from the same finger of the same person.
And in cross examination by Nchima Nchito, the lawyer representing Mr M’membe and Mr Kabimba, asked whether the terms criminal and criminality were the same to which Mr Zyambo said they were not.
Mr Zyambo also told Mr Nchito that the police did not have records of people who had not been convicted by the courts and could not therefore speak on the criminal intentions of people who had not yet committed a crime and convicted by the courts.
The matter has been adjourned to 24th July, 2015 for mention and trial would continue on 24th August to 25th August 2015.
Soon after the matter was adjourned, Rainbow Party cadres started shouting their party slogans at the entrace of the Magistrate Court where president Banda was talking to his aides but were quickly dwarfed by the MMD supporters who were at court to give solidarity to the former president.