THE Kitwe High Court has convicted two cousins, one of them a grade 11 pupil, for aggravated robbery after they attacked and robbed proprietor of Gordon's Bar in Ndeke Township.
High Court Judge Judy Mulongoti convicted the 18-year-old boy, a grade 11 pupil nicknamed 'cheeky nigger' who was jointly charged with his cousin Kanyanta Chewe popularly known as 'Nana.'
In delivering Judgment, Ms Justice Mulongoti was satisfied that the two were properly identified and the question of mistaken identity did not arise.
She was inclined to accept the evidence of the prosecution witnesses as they knew their attackers well and had no motive to falsely implicate them.
"On the totality of the evidence before me, I find Chewe guilty of the offence and I accordingly convict him. I make a finding of guilty in respect of the juvenile offender," the judge said.
The court ordered that the juvenile be taken to the hospital to determine his age scientifically because he appeared older than the age he stated.
Justice Mulongoti also ordered that the social welfare department should submit a report before she could sentence the duo.
Testifying in the matter, proprietor of Gordon's Bar Katongo Kangwa said on July 28 last year, she was with a barman Samson Mulenga conducting stocktaking when she noticed a boy at the door way.
Ms Kangwa said the boy disappeared a few minutes later and only appeared with four other men who were armed with knives, screwdrivers and stones.
The court heard that the group asked Ms Kangwa why she had reported them to the police and later jumped over to the counter where they stabbed her and the barman.
Ms Kangwa said all the customers that were in the bar ran away upon seeing the group which also threatened her and the barman with death if they did not give them all the money.
She identified the two of the assailants as 'Cheeky Nigger' and 'Nana' and that later the group started throwing bottles all over the bar before they left with all the undisclosed amount of money.
In defence, the two denied being involved in the robbery and that the nicknames were unknown to them.
Chewe said the complainants only wanted to implicate him because of the money they owed him while the juvenile said he was cleaning the yard at his place when he was arrested for something he did not know.
The matter comes on August 10 for sentencing.