Lusaka magistrate, Nsunge Chanda has told Roan Member of Parliament Chishimba Kambwili that he will represent himself at the next hearing if his defence lawyers will not be present.
And Ms. Chanda refused two of Kambwili ‘S defence lawyers from cross examining the witness on stand Chilufya Tayali because they were not present when he was led in his chief in examination at the last sitting.
This is in a matter in which Mr. Tayali asked the court to institute contempt proceedings against Mr. Kambwili for allegedly tampering with evidence before court relating to Mwamona Engineering Technical Services Limited.
After the examination of Mr Tayali by defence lawyer, Keith Mweemba , deputy chief state advocate, Margerate Chitundu sought to have the case adjourned to October 16 .
But three defence lawyers, Keith Mweemba, Gilbert Phiri and Zevyanji Sinkala informed the court that they will not be present on that day as they will be appearing before the High Court .
And in her response Magistrate Ms. Chanda said it is not her problem as the court had already set the date of October 16 prior to today’s session.
She informed Mr. Kambwili that if his lawyers will not be present she will proceed with trial and the alleged contemnor will have to represent himself.
Meanwhile, a Twenty-nine-year-old business executive of Roma township in Lusaka has been taken to court for allegedly assaulting a Zed farmer whom she accused of having a sexual relationship with her husband.
Mubaba Mangalashi of flat number 4 Buboni road Villas Roma township is charged with one count of assault.
It is alleged that on September 15, 2018 at Lusaka Mubaba did assault Maria Frances Zileni Zaloumis thereby occasioning her actual bodily harm.
Chief resident magistrate, Kenneth Mulife allocated the case to magistrate Alice Walusiku for plea and possible commencement of trial.
Mubaba was however not before court when the case was called.
She is expected to take plea on Monday next week.
And the Lusaka magistrate court has refused to acquit three men who are the original suspects involved in the trafficking of 24 point 19 kilogrammes of cocaine that went missing at the Lusaka magistrate court.
Lusaka Magistrate Kenneth Mulife says this is because it is not tenable to re test the drugs which have gone missing.
Magistrate Mulife also dismissed the application by Sydney Mwansa, a manager, Shibu Abraithi Likula, a bus driver and Teddy Matanda, a taxi driver that an independent commission of inquiry be instituted to establish at what stage the drugs were swapped.
He said he had no jurisdiction to order for such an inquiry as it is a preserve of the Republican President.
Magistrate Mulife said the applications by the suspect was an afterthought which arose after the alleged drugs went missing and cannot be entertained by the court.
He said it is not the position of the law that once exhibits go missing, then the accused persons should then be acquitted.
The Magistrate said the fact that an accused person was found with a case to answer does not provide an acquittal on the basis that exhibits had gone missing.
He said that it was not mandatory that a public analyst is supposed to appear in person to prove to the court that the alleged drugs were indeed cocaine.
He further said that the accused persons had an opportunity to challenge the evidence of the State adding that he has not seen any prejudice that could be caused to the accused person if they proceeded to trial.
He ordered Mwansa, Likula and Matanda to open their defense but their lawyer made another application.
Keith Mweemba asked the court to review it’s own ruling or in the alternative, refer the case to the Constitutional Court for constitutional reference.
Last time the matter came up the suspected wanted the case to be dismissed on account that the evidence went missing.
They argued that they will not have an opportunity to test the alleged cocaine.