Magistrate Warns State Prosecutors over delays in RB’s court case

By
editor
-
37
1625
Former President Rupiah Banda
Former President Rupiah Banda
Former President Rupiah Banda
Former President Rupiah Banda

Lusaka principal resident magistrate Obbister Musukwa has expressed dissatisfaction to what he termed as laiser faire attitude by state prosecutors over their delays in a case in which former president Rupiah Banda is accused of concealing gratification in relation to 9 trucks.

Magistrate Musukwa said that the state is not serious as the case has dragged for a long time.

In his ruling on the delays by the state to prosecute the case, Magistrate Musukwa expressed concerns at the delay by the DPP’s chambers to issue instructions to allow the court to make progress in
the matter from the time the accused was apprehended and started appearing in this court.

“This attitude by the State is raising serious concerns which in my view the accused’s submissions are genuine and valid, I hope in the next sitting the State will be ready to prosecute,” he said.

Earlier, Mr Rupiah Banda’s lawyers had asked the magistrate’s court to discharge him on grounds that the State is not ready to prosecute him in a matter in which he is facing a charge of concealing
light trucks.

Banda’s lawyers in their response when the State sought for another adjournment yesterday said it was clear from several adjournments by prosecutors that they had failed to prosecute the matter.

Submitting through his lawyers before Principal Resident Magistrate Obbister Musukwa, Banda said both him and his lawyers had suffered numerous setbacks at the instance of the adjournments by the State.

“In the alternative if the court grants the State another adjournment then it should come up with a condition to discharge him. Our submission is on the premise that this court had warned the State before at the last sitting to ensure that they obtain fresh instructions from the Director of Public Prosecutions (DPP) which have delayed,” the defence lawyers said.

Mr Lubinda Linyama from Erick Silwamba and Company and Mackebie Zulu said the State had asked for 20 days adjournment in the last sitting but failed to obtain any instructions and that all the arguments for and against showed that the State had unduly delayed to prosecutethis matter.

But Anti Corruption Commission (ACC) prosecutor Dennis Simwiinga submitted that the court should grant them the last adjournment because the DPP was on record making progress in the matter after browsing the docket.

“In the next sitting we shall have instructions from the DPP who felt that before he can issue instructions he needed to consider a few issues which came to light in the process. We pray for the last adjournment as we feel that for justice to prevail we should not rush this matter so that all the vital steps are taken into account before the matter proceeds further,” Mr Simmwiinga said.

The matter was adjourned to August 30 this year for another mention.

37 COMMENTS

    • @marioborelli
      your life must be worth much more than a life bet on a political party… your exposure and education in the USA should have helped you understand that

  2. good looking the president of all zedians.not the one we have whose face looks like the behind of a baboon.

  3. PF are utterly useless chaps so called Kabimba in a big rush to strip the man’s
    Immunity they had us thinking they have a good case now they are crumbling with forged signatures and a very bad witness , who sweated like hell,

    • Its a case of paint) black through the Post, strip him of his immunity using BUFI strategy then investigate hoping he’ll increminate himself during questioning. The PF, and Winter Kabimba in particular, lied to the nation claiming they had overwhelming evidence against RB. Its is now clear from both cases before the courts that there is no ‘overwhelming’ evidence anywhere.

    • And perhaps,it’s just a sheer waste of funds and resources for each & everytime to adjourn RB’s matters. If at all no instructions were given to the DPP,then why was the docken opened without vivid & concret reasons. What are they up to? This I call upon the ACC to take this case into serious considerations, otherwise it will be acquito if not handled wisely. Acc, there comes your duty.

  7. Everyone knows that it’s political witch-hunt,mmd used state funds for 2011 campaign,Pf is doing the same.so it’s the system which is failing here.just leave Rb but Pursue his son Henry.

    • Finally someone who gets it – it is the system that needs to be fixed. We will continue to find fault in our leaders because the system they use to govern is over 45 years old.

      The system needs to be fixed.

      #OneZambia

  8. zambians deserve bizzare Sata at the helm..can you honestly call Kabimba a state counsel

  10. lusaka times your coverage is well balanced but try at all costs not to publish insults this country we respect love each other more especially respect for aldults. No politics of insults. Remember this is what has caused WATCH DOG to be closed it’s insults all over. So you editors lead by examples.

    • THE WATCHDOG IS NOT CLOSED Jst download ULTRA SURF you will be able to access it 24/7 anywhere in Zed at whatever time you want by the way ULTRA SURF works only with windows explorer. Google it its about 1.2mb and enjoy the barking .

    • Zambians do not insult they just call things as they are. If the kitchen is too hot for you leave the kitchen!

    • The editors should allow me to say anything I please. Yes, even insults.
      Unless I am advocating harm to someone, then don’t publish what I say. In fact go further and have me arrested.

      These are just pixels namuyangana. You have much more to worry about than insults. In fact you’ll find it very liberating after you’ve unleashed some insults at someone/something that exasperates you. For example The government.

      So this is your chance, come at me. Gimmeee your best. Just try it. You know you’ll feel better.

  12. @ 9 I TOTALLY AGREE WITH YOU. TO INSULT IS NOT OUR CULTURE AS ZAMBIANS AND WE DON’T TAKE PLEASURE IN THAT. AT LEAST THAT IS THE WAY A FEW OF US WERE BROUGHT UP. LET THIS BE AN OPPORTUNITY FOR OTHER WELL MEANING ZAMBIANS TO START UP CLEAN WELL BALANCED PUBLICATIONS. WE NEED MORE ONLINE PUBLICATIONS, THAT WAY PEOPLE CAN CHOOSE WHICH ONLINE TO GO WITH AND NOT WHAT WE ARE CURRENTLY EXPERIENCING.

    • The attempts to block the ZWD was not because of insults but its strong Anti-PF stance. You are not asking us to believe that this Govt can have any moral sense to do that when its leader is the most vile mouthed Zambian? You people are so gullible, I can’t believe how easy it is to mislead you. No wonder we have this Kaponya in State House and Kabimba as Justice Minister.

    • I use insults for emphasis. Sometimes nothing else will do. And I’m brought up better than you or your children’s children will ever be!

      So go to church, you don’t belong in this tough world if words can phase you.

    • Those protesting “insults” are just hypocrites who will do things far worse and more injurious than mere words can ever do.You folks need some serious introspection.

    • People who use a lot of swear words tend to be more honest and trustworthy – sayings.com

  13. Dont use RB to divert our attention from Membes copper theft. And tell the President that ZWD is still very accesible in Zambia. Tell him to get a refund from who ever cheated that Cyber Space is easily controlled.

  14. It’s just a failure of leadership,how cant you have DPP appointed to fix the opposition?Every time in any govt you see signs of futigue get worried unfortunately its too early for PF.In trying to defend themselves there will put UP a vicious attack on innocent people.

    • If you mean deliverance from an inept, corrupt government, then I agree.

  17. God serv Zambia inept chaps take roll of wild dog chasng remains bt unable to initiate huntng & atack.The chaps re busy swapng membrship frm each each othr whils lion remains penetratng overly.Poachng frm neigbhr’s household cant add valueit makes no diference.Continue fightng each othr & poachng thru ZPA agent & amass wealth frm proceeds!Do u understand?

Comments are closed.