Recently, Benos applied for a preliminary inquiry in which she accused Mr Malambo, 48, of wanting to decapitate her.
In the application filed by lawyer Barnabas Bwalya, Benos said on January 29 this year, Mr Malambo allegedly locked her up in the bedroom where he attempted to decapitate her using a knife he got from the pantry.
She further stated that it was during the struggle for her life that Mr Malambo got injured and subsequently died at the hospital where he was rushed for treatment.
Benos said on the material day, Mr Malambo had made several phone calls and sent her messages threatening to kill and decapitate her.
She said as per procedure after being arrested, the arresting officer confiscated her Samsung phone as part of the evidence to be used in court.
She, however, said the phone was given to Mr Malambo’s daughter, Nkombo, who allegedly deleted everything that was on her phone.
When the matter came up yesterday so that the State could respond to Benos’ application for a preliminary inquiry, State prosecutor Charles Nyambe said the court had received instructions from the DPP to commit the accused to the High Court.
“Your honour, the accused is present before this court for a response regarding the application made by the defence team, but before we proceed, there is a new development from the office of the Director of the Public Prosecutions,” Mr Nyambe said.
And magistrate Albert Mwaba said the matter could not be heard since the accused had been committed to the High Court by the DPP.
“It is clear that the issue of a response from the State has been overtaken by events. Therefore, I hereby commit the accused to the High Court. This means that the accused will stop appearing before this subordinate court but before the High Court. The dates will be communicated,” he said.
In this matter, Benos, of Ibex Hill, is accused of murdering Mr Malambo after a fight either on January 29 or 30 this year.
There is no proof she killed him.
Benos not being indigenous Zambian is being racially abused on a charge yet to be thouroughly investigated.
Zambia you disgust me.
For now release her, do thourough invetsigation and if there is proper need for her to be charged then do so
Her case is not worse than HH for me
Thanks
BB2014,2016
Because of you Lusaka times is becoming boring. I told you yesterday check your p.u.s.s.sy what color is it…….black and h.a.i.r.y. It means that you are an African because of a name ati Buenos you support because it is a white name. Because its HH ati sentence hime to death. Watch your step you who is claiming to be white but with a pure black h.a.i.r.y. p.u.s.s.y
Magistrate Mwaba said the matter can not be heard since the accused has been committed to the high Court by the DPP
It is clear that the issue of response by the state has been overtaken by events , therefore I hereby committ the accused to the high Court.
This means that the accused will stop appearing before the suborddinate court, but before the high Court. The dates will be communicated Magistrate Mwaba said.
Selective justice in Zambia, HH received committal to the high Court and still the magistrate has to rule on preliminary issues on the way forward.
Sad for Zambia Judiciary. Two kinds of law one for the poor and the other for the rich. One law for the famous and the other law for the unknown.
The defence of HH applied for preliminary issues and the office…
Why?
I once dated a mixed-race chick. Awe sure pali nchito. Like Nick Cannon in Love Don’t Cost a Thing, she thought she was doing me a favour. So I kicked her out of my Corolla. Literally.
@Skipper you are 100% right.
But lets wait for monday.am sure it will be the same with HH because the certificate of committal from DPP’s office is already in that lower court.a magistrate has no powers to hear a treason case.Magistrate Simusamba wont allow preliminary issues to be heard because its clear from this murder case above that magistrates cannot stop certificates of committal from DPP’s office to go to High Court.I CANT WAIT FOR MONDAY!!!GOD BLESS ZAMBIA!!