COURT WARNS KAMBWILI

…to appear before court or will be brought on warrant

CHISHIMBA Kambwili has been warned to appear in court or face a bench warrant while the state has complained that it had evidence of witness interference by the accused.

Magistrate David Simusamba issued the warning yesterday when granting an adjournment to Kambwili, who failed to appear as he had travelled to South Africa for treatment.

The court granted what Magistrate Simusamba said was the last adjournment and warned that the expelled PF Roan Member of Parliament should appear before court failure to which he will be brought on a warrant.

Magistrate Simusamba said there was no evidence in court to prove that the accused had travelled to South Africa.

And Deputy Chief State Advocate Margaret Chitundu told the court that the state has evidence on the accused person’s interference with the state witnesses.

The magistrate however advised that this be brought up in the next hearing.

This is in a case in which Kambwili is charged with three counts, forgery, uttering a false document and giving false information to a public officer contrary to the laws of Zambia.

When the matter came up yesterday before magistrate Simusamba for continuation of trial, Kambwili and defence lawyers Keith Mweemba and Gilbert Phiri were not in court.

Defence lawyer Christopher Mundia, who was the only one present, told the court that the accused was not present because he had gone to South Africa to seek specialised medical attention.

Mr Mundia said a notice was filed in on Friday March 16, 2018 cataloguing why the accused was not in court when the matter came up hence the application for an adjournment.

However Ms Chitundu complained that the notice was filed in on Friday around 16:00 hours.

She said the accused person’s house was merely searched and he was invited for questioning by the Anti-Corruption Commission (ACC) on Thursday last week.

“Surely, does that justify for him to ask for three days bed rest just because his house was searched? This application by the defence did not show any medical documented evidence, or indicate the doctor or nurse who attended to the accused,” she said.

She said the affidavit in support of the defence’s application indicates that the accused has gone to South Africa to seek medical attention of a specialised physician.

“Couldn’t this check up have waited for him to appear before court, is it a matter of life and death?” she said.

Mr Mundia said from the onset of making the application, it was mentioned that sureties in respect of the accused were present in court and were ready to attest that the accused was out seeking specialised treatment.

He also said there is absolutely no law in the country that any affidavit must be accompanied with exhibits and that the state is purely unfortunate or rather malicious. However, magistrate Simusamba asked Mr Mundia where the accused person was and he said the accused had travelled to South Africa on Saturday evening.