Friday, March 29, 2024

RB’s son on assault charge

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THE Lusaka Magistrate Court yesterday ordered former President Rupiah Banda’s son James to appear in the Lusaka Magistrate Court next week Tuesday in an assault case.

This is in a case in which James is alleged said to have assaulted former Finance Bank Corporate Affairs Director Noel Nkhoma.

The State told resident magistrate Joshua Banda when the matter came up for allocation and possible plea that James was not before court and out of jurisdiction although his surety was present and confirmed that the accused was not around.

But James’ lawyer Lubinda Linyama told the Court that he needed guidance on how the matter should proceed because the complainant had withdrawn the assault case the following day and the case was closed.

The state then argued that the date James was scheduled to appear before the court was communicated through his surety and wondered why he was not in court because he was fully aware of yesterday’s date.

“ Iam just wondering why the state brought the matter to court when they knew that James was not within jurisdiction, he asked the court to invoke Section 8 of the Criminal Procedure Code and have the matter withdrawn,” he said.

Ruling on the issue, Magistrate Banda said when an indictment is brought or presented before court, the accused must appear to answer to the charges.

He said although the case had been withdrawn, the court indictment which alleges a criminal wrong and the terms are regulated by the CPC as well as the long standing practices and traditions.

“When an accused appears before court, they must take plea where the allegation is explained and the accused answers according to what suits them, thus whether they are guilty or not and later make any necessary application including that of withdrawing the matter,” he said.

He said the withdrawal was actually made by the complainant under Section 201 of the CPC, then the court shall be made to give directions whether to allow or disallow the application as per the procedure.

The matter had been adjourned to November 2, 2011 for plea.

[Times of Zambia]

25 COMMENTS

  1. It’s sound quiet strange that irrespective of the fact that the case was settled out of court it must brought before a court because of the nature of the case here being criminal.  What about GBM and his wife’s case the charges were dropped and case closed?  

    Anyway the Banda’s have to understand that people are provoked over “suspicions” that they have plundered. And should expect the people will sling these allegations in their faces in order to provoke them. Get them to feel how “people” feel with their “ill acquired weath”.

  2. Strange, Hope the court is not doing this just to get back on James. As much as we know that they have plundered? Let not any presence be set just because there is a New president. Let us not compromise ethics and the rule of law.

    Hope our judicial system will not behave like ZP. Reactive to Impress Plot one.

  3. NOEL NOEL NOEL MY BOY HAS YOUR MASTER RAJAN STOPPED THROWING BONES IN YOUR PLATE??? WHY DID YOU NOT PINCH A BIT OF THE CASH MAHTANI USED TO GIVE YOU TO BRIBE THE MMD POLITICIANS WITH??? SO YOU ARE NO LONGER THE FAVORITE PET IN THE BASEMENT??? EVEN THE MADAM BINA STOPPED YOU FROM LICKING THE CAT??? NOW YOU ARE SELLING YOURSELF FOR A FEW NGWEES??? DID YOU DRIVE THE FBZ RANGE ROVER SPORT WITH YOUR WET CLOTHES??? NEXT WE’LL SEE YOU IN ALPHA BAR WITH LIPSTICK AND AN EARING!!! YOU ARE DISGUSTING TO SAY THE LEAST AND YOU SHOULD BE ASHAMED…YOU ARE A DISGRACE TO EVERY ZAMBIAN…SELLING YOURSELF TO INDIANS… I SPIT ON YOU….YOUR FATHER MUST BE TURNING IN HIS GRAVE… HE WAS AN HONOROBLE ZAMBIA INTELIGENCE OFFICER…AND YOU ARE JUST A CHEAP 2 NGWEE JIGOLO

    • # 7 Calculated Change
      Whats the issue here, the guy assaulted noel and he reported the matter to the police period. So why are you attacking him.?

  4. We wonder whose shadow is pulling the strings aimed to punish RB’s family? Let’s hear the facts in Courts of Law.

  5. Very funny story, actually ka Noel was thrown in the Pamozi Hotel swimming pool by James Banda after Noel provoked James. Now ka Noel claims assault?

  6. There you go, the Serpent interferring in th operations of the judiciary. State house ordered the case 2 be taken 2 court irrespective of an earlier out-of court settlement just because there’s no evidence yet linkng RB’s sons 2 any corrupt practices. Kangaroo justice in Zed under the Cobra.

  7. #9 Even under provocation, if your retaliate you can be charged with assault. There are people who make a habit of provoking others and then suing them for assault. May be James is quickly discovering that he is no longer above the law. In Europe and North America the families of the heads of state try to lead quiet lives in order not to embarrass the head of state. In Zambia, the president’s children and naphews become a law unto themselves. Look how Castro used to behave.

  8. I believe the issue here is procedural, nothing else and the defence lawyer must know this.
    When the assault happened, it was reported to the police and this matter has now gone through the complaint process to court.
    Despite the settlement and subsequent withdraw of complaint, there are procedures that need to be followed to close the case and this is what the magistrate is asking the defence to follow so that everything is properly recorded…. and that is let the accused appear in court, take plea, then (defence)make submissions to the court about the settlement and the court will then make a ruling on the matter.
    I hope MMD is not looking at this case as harassment by the new govt

  9. # 7. inveka personal ka? Noel is back in the news, why would he go debt-collecting at a bar. I would have done the same to him.

  10. Mr president pliz u are respected dont persecute others using kangaroo courts because ur children will suffer the same fate. U can be a hero now but time will come when the same pipo will throw bananas at u. Remember kk, ftj, with levy he wz not able to pass thru lsk and now its rb

  11. We are living in strange times. I remember how people on this blog hated renditions of stories by the Times on LT. Times are indeed a-changing.

  12. Of all the economic and development problems Zambia is facing, State House has time to get involved in a sipmle assault case. Talk about independent judiciary. Just what is wrong with us Zambians. We cant let PF take us thru what MMD took us. Today its James, Zambezi airline, what next? Rubbish president

  13. My young brother, James, were you also behaving like Castrol? What is the problem with children of most presidents, especially in Africa? North Africa same story! Too anxious for nothing! Filaluka

  14. # 7 Calculated Change
    Whats the issue here, the guy assaulted noel and he reported the matter to the police period. So why are you attacking him.?

  15. It has to said that this is a trial which has been compromised by state house and has no basis in law.It is a political trial by this clue less government which any sensible judge would throw out in no time.In as much as I dont condone lawlessness ,it sounds hypocritical to note that Sata was in government when Castro Chiluba was beating up people at will.Zambians never heard him utter a single word against Castro or Chiluba.

    This so called Nkhoma sounds a deam wit and is being used as a porn in this game.His behaviour is damn provocative and his acceptance of the K50 million kwacha does not make him clever but a fool.Why has be decided to go to UK instead of being in Lusaka and sort out the troubles he started?

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