Lusaka magistrate Mwaka Mikalile has lashed out at Anti Corruption Commission (ACC) prosecutor, Silumesi Mushula for not being present in Court when the matter he is prosecuting involving former minister of Information, his former Permanent Secretary and a Journalist came up for plea.
This is in a matter in which Shikapwasha, Samson Phiri and Journalist Chanda Chimba III are facing charges of Abuse of Authority of Office, unlawful Printing and Publication and being in possession of property suspected of being proceeds of crime.
When the matter came up for plea yesterday, Mr Mushula was not present in Court and his colleagues from the police called other matters in order to allow Mr Mushula to come but to no avail until all the cases finished. The police prosecutor called the matter and the defence lawyers informed the Court that they could no longer wait and proposed that the matter be heard on Friday this week.
“It’s unfortunate that the State has decided to conduct themselves in an unprofessional manner when they were in court in the last sitting where I emphasised that they should always be punctual,” she said.
And Magistrate William Banda has ordered for an inquest in the matter in which UPND driver Isaac Zulu, 46, of Chongwe is facing one count of murder after being accused of murdering Patriotic Front (PF) cadre Menyani Zulu on November 8 last year.
The order was granted after defence lawyer Martha Mushipe applied for a preliminary inquiry in the matter going by the slow pace the State was moving to commit him to High Court for plea and trial.
Defence lawyer, Martha Mushipe, who filed in the application during a mention before Lusaka magistrate, Maxwell Mwale, told the court that it was important that an inquiry be carried out to ascertain the direction of the case at hand.
In response to the application, Public Prosecutor, Isaac Munenga, told the court that it was not possible for the prosecution team to carry out an inquiry, adding that the case record is in the hands of the Director of Public Prosecutions waiting for instructions to be sent to the magistrates’ court.
Mr Munenga said dragging the prosecution team into the inquiry will be unfair as the names of the witnesses were in the case record and the prosecution has no access to the document at this time.
Zulu 46, of Kalamazi farm in Chongwe, received solidarity from the UPND leader, Hakainde Hichilema, who came with his youth supports and members of parliament.
Zulu stands charged with Murder contrary to section 200 of the Penal Code Cap 87 of the Laws of Zambia.
Particulars of the offence are that Zulu, on November 8, 2012, while in Rufunsa, did murder Crispin Menyani Zulu.
Crispin Zulu died in Rufunsa during last year’s Rufunsa parliamentary by-election after he was stabbed by suspected UPND cadres and left behind a wife and a nine-day-old baby.
The matter was adjourned to Febuary 12 this year for commencement of the inquiry while Zulu will still be remanded in custody.
They should have asked that the case be dismissed. There is a little pattern of arresting but when the trial commences, the prosecutor becomes mia. Is the arrest just for show? Talk about a toothless tiger mwe!!!
I totally agree with you. The law enforcing agencies are quick to arrest but when called to the courts, they shun away as they have nothing to present.
They must show all the classic Stand up for Zambia videos as part of evidence.
Let them show the one that goes: ” Their more millions at the post”
“They like calling others minions. ” The same video contains unprintables against the then head of state but nobody was arrest. May the soul of that great man rest in peace
May be he forgot or he was stuck in traffic. Yes!
The flag you are giving me is it the re-based one!
Throw out the cases and stop appeasing the ruling party
Hi, just wanted to say i liked this article. it was practical. keep on posting.
Nchito failing to instruct his minions!
Nayo zina ati MUSHULA, bwe bwe bwe…..
very surprised to learn that Martha Mushipe is back in her law proffession becase this lady was once arrested by zambia police and laz had debarred her for proffessional misconduct,she was arrested because she had gobbled up clients money which she was collecting rentals money on her clints behalf. Its a big shame that such lawyers are getting away after they have been debarred by the Laz the highest judicial body that represents lawyers and solicitors.Its a shame that Zambia allows such disgraced lawyers from practicing laws.Come on Laz show your authority otherwise Laz Will be just a tooth less body .this lady should never be allowed to pratice law.Disgusted blogger
Hi, just wanted to say i liked this article. it was practical. keep on posting.
malabishi