79. We are thus persuaded that the plaintiffs, by alleging facts from which can be inferred, at least prima facie, a remote possibility that the Defendants may have violated their human rights, have established in their pleadings an arguable cause of action. ON THE MERITS 80. Having dealt with all prelin1inary objections raised by the defendants, it is now time to move into the 1nerits of the case. 81. In the bid to establish their case, the plaintiffs called five witnesses who pleadings. testified on the Through the witness tendered documentary evidence facts alleged in their testimonies, plaintiffs also that were ad111itted by the Court for further consideration. 82. PW 1, in his evidence, stated ·that, on 12 October, 2009, he was on his way to work when he saw many people, children, women and men protesting at Bundu Junction; that he saw armoured cars and Hilux vehicles loaded with military and police men moving towards the crowd; that the security men started shooting at the protestors who started running away; that in the process hospital where he he was shot. He was taken was operated upon to a and the bullet removed. He tendered the medical report. Under cross examination, he admitted not knowing the type of gun the bullet came from but maintained he was shot by the police.

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