Alleged self-defence against a roadside ambush has turned sour for a Malawian truck driver who has been languishing in a Zimbabwe jail for nearly three months, leaving his Blantyre family depressed.
Elliot Kapokosa, while speeding off after an attack on an Almeida Transport truck registration CK 3063, reportedly hit to death one of his attackers to land himself in jail for culpable homicide at Zimbabwe’s Beitbridge Prison on June 7 2013.
In a statement made available to The Nation on Friday the Kapokosa family of Chilobwe Township complained that they were shocked that Zimbabwe Immigration authorities re-arrested Elliot for overstaying immediately after he was granted bail on July 28 2013. Elliot was in transit from South Africa.
“Family members wondered why a person who was defending themselves and their employer’s property could be charged with such a serious crime. Besides, the deceased was crushed with rear wheels, which proves that he [Elliot] crushed the deceased accidentally,” the family argued in the statement of August 6 2013.
On Friday, Almeida human resources manager Grace Mbewe said they were surprised with the turn of events surrounding their driver.
“I see no reason to deny him bail, but the lawyer said when he was released on bail the immigration department re-arrested him,” she said.
Elliot pleaded not guilty upon court appearance on June 10 2013.
His family sought a quotation from a lawyer who never replied but made available the same to Almeida who managed to pay consultation fees (R500).
In an interview on Monday, a Beitbridge Zimbabwe police official said he needed to check with the courts “but an accused person is supposed to be in police custody for only two days.”
In Zimbabwe, Malawi High Commission’s labour and social welfare officer Arthur Mtandika on Monday confirmed dealing with Kapokosa’s lawyers but fell short of justifying why the embassy had not pushed for his release, let alone visited him.
He said the law in Zimbabwe does not allow a foreigner to visit their prisoners unless after seeking authority.
