FORMER convict Clifford Dimba, popularly known as ‘General Kanene’, has been granted K5,000 cash bail after spending more than a week in custody for allegedly assaulting a woman.
Dimba, a Lusaka based musician was jailed by the Lusaka magistrate’s court after he was found guilty of defiling a girl under the age of 16, but was recently pardoned by President Edgar Lungu.
In the current case, Dimba was accused of allegedly assaulting 38-year-old Mordrine Chisenga of John Howard Township and had been in detention since his arrest.
Principal Magistrate Kenneth Mulife granted Dimba bail after the complainant, who was supposed to testify to prove allegations by the State that he was interfering with witnesses, failed to appear in court.
Mr Mulife last week ordered an inquiry to prove allegations by the State in its objection to the court granting Dimba bail on grounds that he was interfering with witnesses.
He said it would be in the interest of justice for the State to prove the allegations and adjourned the matter to yesterday while Dimba remained in custody.
However, when the matter came up, the State informed the court that the complainant, who was supposed to testify, was not before the court.
The State which attempted another adjournment, informed the court that the arresting officers had made efforts to contact the complainant but could not be reached by phone.
The State asked the court to adjourn the case to Friday to enable it get hold of the witnesses.
Dimba’s defence lawyer Nicholas Chanda objected to the application saying the court would never see the complainant as she and Dimba had reconciled.
Mr Chanda submitted that his client should be admitted to bail because the complainant would not be found alleging that she had since received K1,200 to close the case.
He alleged that the witness presented herself to the police to have the matter withdrawn in the interest of reconciliation.
Mr Chanda said that in an event that the State failed to bring the complainant to court, Dimba should be granted bail as he was of fixed abode and the offence was bailable.
Mr Mulife said the failure of the witness to come to court even when Dimba was in incarceration raised suspicion.
He granted Dimba K5,000 cash bail and ordered him to provide two working surities with fixed abode in the like sum but in their own recognisance.
Mr Mulife adjourned the case to November 24, this year.