Defence in the case involving Sports Deputy Minister, Stephen Masumba yesterday failed to kick start its defence as the defence lawyers applied for an adjournment.
In making the adjournment appeal Defence Lawyer Mutakela Lisimba told Lusaka Magistrate Wilfred Muma that the defence team was ready to proceed with three witnesses but that they were not ready to proceed today as the first witness was not present during the courts sitting.
Mr. Lisimba told the court that the defence has come up with a manner in which they want the case to flow, by opening defence with the three witnesses adding that the accused person will be the last person to speak.
He said the said witness was very important in the matter adding that it was necessary that the witness be presented and testify on behalf of the accused person.
Mr. Lisimba told Magistrate Muma that it was the defence teams prayer that an adjournment be granted as it was the first time the defence was asking for an adjournment compared to the state prosecution team which had asked for adjournments on several occasions.
However state prosecutor from the Anti Corruption Commission (ACC) Etambuyu Zimba argued that the defence team did not give compelling reasons why the matter should be adjourned.
Mr. Zimba further argued that the accused person is on record stating that he would testify in the matter adding that in that regard the state finds no reason why he should not be the first person to speak followed by other witnesses.
In response to the state prosecutions argument, defence lawyer Lisimba reminded the prosecution team that the court should not worry about anything as the three witnesses are not going to take a long time testifying.
He said according to the defence teams plan, the three witnesses are going to give their testimony in one day.
Mr. Lisimba said justice should not be rushed adding that the constitution is clear on the two choices an accused person can take in defence “either one speaks or decides to keep quite”.
In passing ruling on the Defences application magistrate Muma said it is not the wish of the court to jeopardise the case but ensure that justice prevails.
Magistrate Muma further granted the defence a benefit of doubt and granted them an adjournment based on the argument that it was the defences first time to apply for an adjournment.
He said since the defence team had come up with a particular manner in which they want the case to proceed it was right to adjourn the matter to a later date.
Magistrate Muma has since adjourned the matter to April 9, this year for commencement of defence.
Mr. Masumba, 31, stands charged with one count of offence of obtaining pecuniary advantage through false pretences contrary to section 309a (2) c of the penal code as read with section 41 of the Anti Corruption Commission (ACC) Act number 42 of 1996.
It is alleged that Mr. Masumba between December 1, 2005 and August 2008 obtained employment for himself as an Accounting Officer at the Lusaka Business and Technical College (LBTC) using forged documents.
ZANIS
This case is still going on ? These people are just troubling the honorable.
So cheats can be ministers? Shame on the one who appointed them
This whole government was elected on a platform of cheating. What do you call donchi kubeba, 90 days, etc?
Why are you surprised by that if a thief and a plunderer can today be leader of an opposition political party and aspire for the highest office in the land?
Which is impontant pf a political party or the integrity of zambia those who violet pf foolish rules are suspendend but those who violet the constitution like masumba are spared, how do you prosecute a minister, minister facing fogery then, ati lead by example what example?
He has just been accused, he never forged that Certificate, the certification went through all the normal channels before it was awarded to Stephen, long before he even became MP or Minister. The problem is not Stephen but NIPA, just how many people are out there who were wrongly given the certificates by NIPA? This just shows why our education system is still so poor and not considered abroad! NIPA management must be put to task on how they can award a certificate to a student who has not passed or cleared his studies!
PF trying to bore us so that they find a loophole to aquit the ***** who failed a course in acconting. Foolish minister!!!!!!!!!!!
What happened to LIATO and his burried money? Leave this boy alone is NIPA worth a college to worry about ka certificate? Also accounts is a course for women so they can know how to budget at home.
Zed – where integrity is a fuzzy concept. Now I understand why overpaid f.o.o.l.s never report back to accounting until they are caught in an audit.
Masumba we have not forgotten, come elections.
Masumba is a FRAUD full stop.NIPA Faker,Certificate from matero pliz mr magistrate show that you re educated by caging the boy.The boy is a fraud ,he knew that he has fake papers ,The man is not fit to be a deputy minister.Sad indeed working in a ministry where educated pipo with proper papers re under the bastard just in the name of PF.No wonder pipo have lost faith in this govt.Was reading onlinewhere a former minister in UK and his wife jailed just for driving points .Magistrates Muma we do believe u do the work .The boy knew that is a fraud .Was good that had to be removed frm NWP boss to SEYUBA good lord.He shud be in Mukobeko prison .