Daily Nation Newspaper

Prof Luo’s case: Judge orders probe

- By CHINTU MALAMBO and ENOCK KADEMAUNGA

NDOLA High Court Judge Edward Musona has ordered the registrar of the Judiciary to investigat­e the whereabout­s of video allegedly containing scenes of violence that characteri­sed the Munali Parliament­ary election in 2016.

This is in a case in which PF Munali MP Professor Nkandu Luo is challengin­g the nullificat­ion of her seat in the Constituti­onal Court (ConCourt) after Justice Musona ruled in favour of her opponent Doreen Mwamba of the UPND.

Earlier the ConCourt directed Justice Musona to view the video together with both parties and submit supplement­ary bundles to the record of appeal as well as the findings by March 29th, this year.

This was in an appeal applicatio­n by Ms Mwamba who wanted to know whether the bench had jurisdicti­on to u-turn or review its own ruling.

But when the court was called to order yesterday, Justice Musona asked the party responsibl­e to present the video before court.

Ms Mwamba through her lawyer, Gilbert Phiri, said she did not have the video as it was in the custody of the court and that she expected Prof Luo to avail the video as she was the one that took the matter to court. "On July 18 2017, the disputed video was viewed in the presence of the master of the ConCourt. Two copies were submitted and have not been returned to us. It is therefore our view that it is the responsibi­lity of the appellant to avail this court with the video," Ms Mwamba said.

And Prof Luo argued through her lawyer Bonaventur­e Mutale, that there had been some lapses in those responsibl­e for the management of the video especially the registrar of the ConCourt.

"The explanatio­n given by my colleague Mr Phiri as to the whereabout­s of the video now confirms that it is actually in the custody of the court.

"Clearly there has been some lapses in those responsibl­e for the management and control of the video especially the registrar of the Concourt, " Pro Luo said. Justice Musona therefore, reprimande­d parties saying failure to bring the video was a backlog to cases.

He ordered the registrar to investigat­e the matter and ensure that the video was brought to court today.

"I do not want a backlog of cases in my court.

“I order the Chief Registrar of the Judiciary who is the director of court operations to investigat­e this matter. If it turns out that this omission was as a result of failure of his officers then he should cause heads to roll. Avail the video and also adequate facility for its viewing to be put in place, “Justice Musona said.

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