State enters nolle prosequi in Chipili Independent MP’s case

The state has entered a nolle Prosequei in a matter in which Chipili Independent Member of Parliament Jewis Chabi is accused of malicious damage to property.

This is in a matter that came up for the commencement of trial.

Chabi is accused of Maliciously Damaging property belonging to the Patriotic Front contrary to section 335(I)(b) of the Penal Code Cap 87 as read with Act number 17 of 2007 of the Laws of Zambia.

Particulars of the offence where that Chabi on December 17, 2017, around 16:00 hours willfully and unlawfully damaged a patriotic Front chitenge material and flag valued at K250.

The decision by the state to enter a nolle prosequi was made after one of the key witnesses Kennedy Kombe 41, a toll collector at the National Road Fund Agency (NRFA) chose to remain silent.

In response, Defense lawyer and former Attorney General, Musa Mwenya appealed to the court to withdraw and acquit the case against Chabi basing on section 8 and 201 of the criminal procedural Court which provides in clear terms that the court should acquit the accused if a complainant withdraws a matter.

And in passing ruling, Resident Magistrate Mulenga said he took into consideration the application by the defense.

He however stated that the witness who withdrew did not show interest but there are other state witnesses that were willing to testify.

He said the offence of malicious damage was not committed against an individual but an organization.

He then accepted the application by the state and entered a nolle prosequi and discharged Chabi.