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The 17-year-old boy at the centre of a high-profile manslaughter case involving businesswoman, Maria Zaloumis, popularly known as Zed Farmer, was never tortured and was handed over to police in good health, the defence has told the Lusaka High Court.
Zaloumis and her Nigerian partner, Nathaniel Barthram, have rejected demands to compensate the family of the late Enock Simfukwe Kasengele, arguing that they bore no responsibility for his death and that no unlawful force was used against him while he was on their farm.
Enock’s mother, Grace Nachilima, has instituted civil proceedings in the Lusaka High Court, accusing the couple of negligence and violent acts that allegedly resulted in her son’s death. In a demand letter, Nachilima claimed damages amounting to K21,908,201, stating that her son had been lawfully invited to the farm by a friend who worked there as a security guard.
However, in a defence filed by the Legal Aid Board, the couple disputed this account, contending that the deceased was a trespasser who arrived at the farm after 17:00 hours carrying a substance later confirmed to be acid.
According to the defence, Enock first approached a worker’s house asking where onions were sold before being directed to Zaloumis’ residence.
Read more: Zedfarmer, husband, three workers arrested in Chisamba murder case
He allegedly requested to buy 16 pouches of onions, claiming he was acting on behalf of an uncle based in Chingola. The defence stated that his explanation appeared inconsistent and raised suspicion.
Zaloumis alleged that the teenager later became aggressive, moved uncomfortably close to her and lit a cigarette near her face, despite being informed that smoking was prohibited on the farm.
Barthram reportedly emerged during the confrontation and also instructed the boy to stop smoking and leave the premises.
Farm guards intervened after noticing the escalating tension, with the defence stating that Enock became increasingly violent and attempted to flee. The guards allegedly restrained him with the intention of escorting him back to the gate.
“The deceased was not beaten, tortured, mistreated or injured by anyone while in the custody of the defendants,” the defence stated, adding that he later confessed that he had been sent to the farm to pour acid on Zaloumis.
The defendants said the teenager was restrained for about an hour as they waited for police, who allegedly delayed attending the scene due to a diesel shortage.
It was further stated that Enock was able to walk unaided when he was eventually handed over to police.
“He was handed over to the police in good health and without any visible injuries,” the defence stated.
Zaloumis reportedly accompanied police officers to Kabwe, where she formally lodged a complaint against the deceased.
She further maintained that Barthram was her spouse and not her dependant, as alleged in the statement of claim, and argued that Nachilima was not entitled to the damages sought.
The defendants asked the court to dismiss the claim and put the plaintiff to strict proof at trial, as the matter awaits determination in both the civil and criminal proceedings.
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