A Lusaka magistrates’ court handling the case involving nine Ministry of Health employees, yesterday advised defence lawyer Keith Mukata not to argue with the court but wait for its guidance.
Magistrate Kenneth Mulife advised Mr Mukata, who is one of the defence lawyers in the matter after he alleged that Anti-Corruption Commission (ACC) prosecutor Dennis Simwinga was not serious with his re-examining of former permanent secretary Simon Miti.
This is in a case in which Ministry of Health human resources officer Henry Kapoko and eight others are facing a charge of obtaining money by false pretences amounting to more than K1.9 billion.
When Mr Simwinga was re-examining Dr Miti, Mr Mukata objected saying that he was not serious but the State prosecutor protested.
Mr Simwinga said it was not fair for Mr Mukata to purport that as a public prosecutor he was not serious in his re-examination.
He demanded an apology saying the State was serious with the matter contrary to Mr Mukata’s claims.
But as Mr Mulife was guiding the two parties, Mr Mukata continued addressing the court and Mr Simwinga.
This prompted Mr Mulife to advise, Mr Mukata not to argue with the court but wait for his guidance.
“Counsel shall not argue with the court because it is up to the court to provide guidance and not the lawyer. In the interest of time and the accused’s liberties, Mr Mukata should apologise,” he said.
Mr Mukata, however, apologised to Mr Simwinga and retracted the statement that the ACC prosecutor was not serious and sober.
And during continued re-examination, Dr Miti said he signed the contract to award the mother baby kits to Kahekam Limited, a company linked to Kapoko.
Dr Miti said the contract was also signed with Ministry of Health head of procurement and supplies unit, Able Katongo who is jointly charged with Kapoko.
Kapoko is jointly charged with head of procurement Katongo, procurement specialist Anthony Mwila, Justine Phiri, an internal auditor and assistant director of administration Norbert Peleti.
[ Times of Zambia ]
Circus pa Zed. I don’t know when this poor country will ever get serious.
Dont treat Miti with kid gloves!!!!!!!!!!!!!
Why is Dr Miti not the accussed, he played a big role and got kick-backs. Is it because he issued a plea letter to the President or what?
I smell a very big rat, I smella very big rotten rat in this whole case, only touching soft spots and leaving the big fish.
#3 Mpangula Mputyu,
Yes, you are 100% spot on. We all know the truth in this case and we know the perpetrators, the big fish. Why do the authorities want to waste so much time going round and round in circles?
Ba Keith
I fail to understand why these doctors-who must feel the plight of the suffering pregnancy mothers, the oxygen-in-support children dying out of negelgency, the low paid fellow doctors, the unavailability of medicine in hospitals( Am sure Dr MiTTi even has a drug outlet were he refers patient to go and buy drugs) and the fact that favorite ministers are being trecked to morningside(some are on a medical scheme on taxpayers money) at any time of the day and however thety want it(even massage), probably even changing umulopa-ba bikamo uwa new. see! Mitti must be the one who must fight for the well being of sick people he purpots to serve or else he is a threat to human life.
Cage him and if RB will still protect him, days are not always 13th, some are 1st.
#4. I agree with you, may be that’s why the defence lawyer is saying that they are not serious, pawns are being prosecuted while King pins are testifying………circus indeed[-([-([-([-(
But how do you argue with the court Mr Mukata mwalakakisha client nomba.A lawyer must display an equanimity of temper.Kapena inachepa deposit?
Constitutional Right people! Our Constitution is supreme. The ball is in your/my court to make amends. We have up until Saturday to make our submission. This is an extract from the Draft Constitution:PP 58: Section 47, (1) Every accused person has a right to a fair trial, which includes the right to:
a) to be presumed innocent until the contrary is proved.
the rest you can add;
Since the constitution is supreme, what do we do? Do we set aside? And lock up every Jim and Miti?
Guys tulebako serious. when we steal alot of money we are not arrested, see our president how he has backed FTJ Chilu he is even back on copperbelt to insult us.Its the Zambian courts that is making funny tricks on Man Kapoko H, natwishiba mukamulekako
Why waste time you ACC prosecutor. Miti is a thief. He authorised all the dubious contracts at the ministry. Cage him and release innocent Kapoka and friends who were just used by Miti.
MITI must be caged , ofcourse the lawyer was right coz you are not serious in your dealing with Miti. You are asking him childish questions so that he escapes chimbokaila…you useless people.