Sunday, April 14, 2024

Magistrate recuses herself in Chitotela and Chilangwa arson case

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Mansa based Principal Resident Magistrate, Silvia Munyinya has recused herself in handling the case involving Ronald Chitotela and Nickson Chilangwa with five others.

This follows an application by Defense Lawyers to have the Presiding Magistrate recuse herself from the case in the interest of fair justice because she handled the similar case when she chaired the tribunal in the same court.

And the State had no objection to the application for the rescue herself or refer the matter to the High Court for determination of preliminary issues raised by the defence counsels.

When the matter came up this morning for continued hearing of the application from last night, Magistrate Munyinya ruled that she was recusing from handling the case.

She said it was not disputable that she chaired the tribunal in which the three accused persons in the case at hand were mentioned.

Magistrate Munyinya said going ahead in adjudicating the matter may be perceived by right thinking people that she was not impartial in her decisions since the defence counsels have expressed discomfort about her handling the case.

” It has come apparent clear that the three accused persons, Ronald Chitotela, Nickson Chilangwa and Kalumba Chifumbe were mentioned in the tribunal I chaired in September last year over the same arson case,” she stated.

The Principal Resident Magistrate has since allocated the case to another Resident Magistrate and adjourned the matter to April 08, 2022 for mention.

In this matter, Mr. Chitotela and Mr. Chilangwa with five others have been charged with arson, threatening violence, assault and malicious damage to property.

It is alleged that the two Law-makers while acting together with five other accused persons assaulted four UPND members, threatened violence and damaged the windscreen of the Mahindra motor vehicle before setting it ablaze on August 12, 2021 in Pambashe Constituency.

Mr. Chitotela and Mr. Chilangwa and five others are being represented by Jonas Zimba of Makebi Zulu Advocates, Andrew Kombe of Andrew and Partners and Benjamine Mwelwa of L.E. EYAA and Partners.

Principal Resident Magistrate Munyinya has extended police bond for all the seven accused persons.

3 COMMENTS

  1. It was all-out thuggery under the previous party in government. Kwenze cabe sotambe anzanga. Grandpas, grandmas, lilly-livers and latecomers all jumped on the bandwagon.

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  2. Imagine if they still ruled could these cases have gone through or be heard? Like I said before power is not permanent be good to your neighbour cause you will need them one day. Don’t take politics personal.
    Filapwa!!

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