Luanshya Magistrate Court has ordered Zambia police to allow President Hichilema and his running mate to attend court sessions as ordered by Court.
Magistrate Mbuzi said the two accused persons have a right to a fair trial.
And Magistrate Mbuzi adjourned the matter to today 18.01.2017.
Earlier Counsel Jack Mwiimbu representing HH and GBM raised preliminary issues before the session commenced to bring to the attention of the court that the two accused persons after every adjournment have always been moved out of Luanshya by armed police officers to the detriment of their rights as citizens.
Counsel Mwimbu said as a result the accused persons are not even able to make necessary arrangements for their stay in Luanshya and have resolved to be coming from Lusaka to attend the court session.
Counsel Mwimbu also said that Despite the accused persons not confronting anyone they have bee harassed by police on their way into Luanshya.
He also questioned why the accused persons are always stopped and questioned by police despite police knowledge that they are coming to appear before the court in Luanshya.
“Today police discharged live ammunition as the accused persons were coming to court.”
Counsel Mwimbu told the court that they are innocent until proven guilty and added that what is happening is unfortunate and unprecedented that security details by police are now violating the rights of the accused persons.
Counsel Kabesha also added that the first accused was stopped five times despite police knowledge of the court session he was coming to attend.
Counsel Kabesha told the court that When the treason trial for Shamwana took place he used to attend the trial as a young boy and that gave him motivation to become a lawyer and today he is a good lawyer
He also told the court that it was surprising that police took charge of the court premises and stopped each person coming to court.
“How are other citizens and youths going to get motivated to become members of the bench or to become police officers if they are not allowed to attend court sessions.” Said counsel Kabesha.
He told the court that police can only do what they are doing with the authority of the court.
“We request that the court re looks at the conduct of the police .”
Counsel Kabesha also wondered why other matters taking place at the same court are not taking place today.
He requested the court to hold a meeting with the officer commanding to look at the behavior and conduct of the police which interferes with fair trial of the accused persons.