THE Lusaka High Court has sentenced a man to 12 years imprisonment with hard labour for being in possession of a firearm.
Michael Nkhoma was sent to jail by High Court Judge Mubanga Kandolo after acquitting him on a more serious charge of attempted aggravated robbery.
Nkhoma was accused of attempted aggravated robbery but Mr Justice Kondolo said that having considered the circumstances of the case it was unsafe to convict him on that charge because witnesses failed to identify him as one of the attackers but it was evident that he was found in possession of a firearm.
He said in the face of evidence before court, he found that the prosecution had established beyond all doubt that Nkhoma was found with a firearm.
Mr Justice Kandolo said he had decided to acquit Nkhoma of aggravated robbery because there was no mention of him neither by the State nor the defence.
He said in the circumstances it was not safe to treat such evidence as though it was admitted and reference to its contents would be prejudicial to the accused.
He said it was on record that the State had entered a nolle prosequi as regards the count Nkhoma was facing and the accused was discharged of that offence.
Nkhoma was facing one count of attempting to rob the African Milling Company.