LUSAKA Chief Resident Magistrate Joshua Banda has acquitted former President Rupiah Banda’s son James of assault and warned him to desist from engaging himself in similar activities in future because it might land him in serious trouble.
The Magistrate, who acquitted James on one count of assault yesterday following the withdrawal of the complaint, said the courts were overwhelmed with cases of assault offences which were an indication that people had stopped resolving issues amicable.
“If a complaint from the complainant is true that you assaulted him, I will urge you to desist from such violent activities, they are unproductive, unhealthy and might land you in serious problems, please desist,” the Magistrate said. This was in a matter in which James was charged with one count of assault contrary to the laws of Zambia. He is alleged to have assaulted former Finance Bank corporate affairs director, Noel Nkhoma.
The magistrate said the complainant made the application to withdraw the matter on the strength of Section 201 of the Criminal Procedure Code (CPC) which states that if a complaint at any time before a final order was passed in any case under this part and satisfied the court that there were sufficient grounds to permit the withdraw of the case, the court would allow the withdraw and acquit the accused.
And in acquitting the accused, Magistrate Banda said the court was satisfied that there were sufficient grounds to permit him to withdraw the case and acquit Mr Banda. “It is abundantly clear from the provisions cited that the court possesses absolute discretion in allowing a withdrawal on sufficient grounds or promoting and facilitating reconciliation between the complainant and the accused,” he said.
Mr Nkhoma had informed the court that the matter before court was a matter that he had voluntarily withdrawn because he was part of the family and had decided to reconcile with James.
[Times of Zambia]