Court warns surety cop
A LUSAKA Magistrate Court yesterday threatened to send a police officer to jail for failing to bring to court an accused person whose police bond he signed as a surety.
Before Magistrate Humphrey Chitalu was Deputy Chief Inspector Thomas Phiri, 48, of house number E33 Sikanze police camp, who appeared before the court to explain the whereabouts of the accused person Steven Aufonso.
Aufonso is facing one count of arson but has never appeared in court for commencement of trial since he was released on the said police bond.
“I was not aware of the dates until yesterday when the PP (public prosecutor) called to inform me that I was supposed to bring the accused person to court today of which I have done,” Mr. Phiri said.
But asked if the accused was in court, Mr. Phiri said Aufonso was bed ridden and so unwell that he could not walk.
“The PP called me last week but when I tried to call him back he did not pick up the phone… when I went to see the accused person this morning I found that he was sick and he was not able to walk. I have been advised to take him to the hospital,” Mr. Phiri said.
This incensed Magistrate Chitalu who warned Mr. Phiri that he risked going to jail because as a senior police officer he must know responsibilities of a surety and implications of failing to bring to court an accused person who was on police bond.
“You may find yourself in prison…police officers and lawyers don’t sign police bond for obvious reasons. I have given you an opportunity to go and bring the accused to court,” Mr. Chitalu said after which the case was adjourned to December 26, 2017 for return of the bench warrant issued against Aufonso.
The magistrate’s warning cowed Mr. Phiri into apologizing to the court for the inconvenience caused and promised to ensure Aufonso was available at the next sitting.
In the same court, trial failed to take off in a case where a 28-year-old student of DMI St Eugene University has been charged for defaming President Lungu.
Edward Roy Makayi is alleged to have defamed Mr. Lungu through a Facebook posting where he called him a Satanist and subsequently asked him to release UPND leader Hakainde Hichilema from prison.
In his posting Makayi said Mr. Hichilema was missing his wife Muntinta unlike President Lungu who had his wife Esther and side ‘chicks’ in the name of Dora Siliya and Mumbi Phiri.