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Mr Nkhoma had informed the court that the matter before court was a matter that he had voluntarily withdrawn because he was part of the family and had decided to reconcile with James.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]

25 COMMENTS

Italian Bunga Bunga (Original) December 1, 2011 At 9:32 am

Here we are again.

Elijah Litana shot in the knee by a son`s president-Case settled outside court

RB`s son assaults someone-Case settled outside court.

Lets wait and see what H.E MCS`s children do!
USAIN BOLT December 1, 2011 At 10:47 am

OK 1 CASE GONE, 99 MORE REMAING. WAPYA MAMBALA
President Santa December 1, 2011 At 10:48 am

State House 0:2 James Banda
tuvi December 1, 2011 At 10:49 am

Am happy for James. People were anticipating a conviction but thats human nature to wish ill on other people. Stay out of trouble next time James. Now back to real issues, “waiter, one Guiness please!!”
Mossad!! December 1, 2011 At 10:53 am

Crap!
Tryness December 1, 2011 At 11:49 am

Italian Bunga Bunga: Correction – Litana shot himself in the Knee accidentally while cleaning his gun. The person who was shot in the knee was a lady and it was the Late Castro Chiluba who did the shooting.
- Benz December 1, 2011 At 1:02 pm
  
  Tryness, you know half story. Castro shot Litana and it is a well known fact. Litana made a huge capital out of that.
The Equalizer December 1, 2011 At 11:58 am

Considering what we want this bastard for, this is no big deal. Let him get away with this one. We want him for bigger things like arms deals.
Truth December 1, 2011 At 12:03 pm

You Zambians you allow same families to become richer and richer everyday. Now these guys are so big headed after stealing our money that they feel they can do anything they want to anybody. Now they are misbehaving and they use our very stolen money to buy their freedom. Shame Mother Zambia.
Fine! December 1, 2011 At 12:16 pm

It is good it has ended.
Let the two of them be more of friends now on.
da sylky December 1, 2011 At 12:17 pm

“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.

“If a complaint from the complainant is true lock up the burger dont urge him to desist and then aquit him” I say.
MR ABILITY December 1, 2011 At 12:34 pm

Sata 0 : 5 RB son
The Equalizer December 1, 2011 At 12:43 pm

MR ABILITY # 11, if what you imply by your score is true, then at least it shows that Sata is not unduly and corruptly influencing the judiciary, which is very noble of him.
Chimpi December 1, 2011 At 1:12 pm

JAMES BANDA FOR PRESIDENT!
Tracy December 1, 2011 At 1:12 pm

Ok……….this case was just a time waster. Lets go to the other hundred cases against him
NACHULA December 1, 2011 At 1:30 pm

C.D
Mabvuto December 1, 2011 At 1:49 pm

@ 6 tryness, bunga bunga is very correct, litana was shot in the leg by castro and he was paid handsomely by plot 1 then to claim that he shot him self. unfortunately that instantly ended his football career slumping straight into destitution
Tell It Like It Is December 1, 2011 At 1:54 pm

Mwanyala woo!!
Tell It Like It Is December 1, 2011 At 2:04 pm

@Mabvuto, Kambarage shot a girl and was acquited by justice Silungwe. Castro shot a girl and the case never took off. Litana shot himself when cleaning his gun.
Mabvuto December 1, 2011 At 2:52 pm

@Tell it like it is, Litana shooting himself while cleaning his gun is a fabricated story as told to the world by alot of people including litana himself to avoid castro going in (ofcourse after being oiled) when late FTJ was president but truth is castro shot him i can even tell you the place and actual date of the incidence because i was within the vicinity.
Mossad December 1, 2011 At 3:31 pm

#5 this is IDF, don’t mess I warm you!:-w
Tubulu December 1, 2011 At 4:40 pm

@10: Yeh, I’m with 100%. Good thinking. Lock him up!
Infidels Baghdad Zulu December 1, 2011 At 5:10 pm

Whatever will be, will be.
Taliban December 1, 2011 At 9:55 pm

Noel did the right thing..the kolwestans have been exposed..!
CHUNCHO December 2, 2011 At 2:10 am

Castro Chiluba shot a girl, nothing happened. Panji shot a customs officer, nothing happened. Kambarage shot a girl, nothing happened. All James did was slap Noel in retaliation, and you want his blood. Be fare.