No-show witness delays GBM’s case

GEOFFREY Bwalya Mwamba’s proposing violence case has failed to take off in the Lusaka Magistrates’ Court due to absence of a last prosecution witness.

The prosecution has been unable to bring the said witness, a police officer based at Lusaka Central police station, to court since January this year despite serving summons on him.

In this case, Mwamba- the United Party for National Development (UPND) vice president, has been charged for proposing violence, contrary to Section 91 (1) (a) and (b) of the Penal Code.

He was arrested on March 4, 2016 for issuing a statement in which he threatened to go for President Lungu’s throat.

The case was scheduled for continuation of trial yesterday before Magistrate Nthandose Chabala but public prosecutor Zalila Sakala informed the court that the State was not ready to proceed as Detective Chief Inspector Mooka, who was supposed to testify, was not present in court.

Mr Sakala said he had earlier tried to contact Mr Mooka but the latter’s phone went unanswered after which another police officer informed him that Mr Mooka was in Chilanga for duties.

In response, Mwamba’s lawyer Jack Mwiimbu said the defence were not happy with the manner in which the State were handling the case.

“This is not an ordinary witness; he is a police officer who knows rules and procedures in court, in particular that he needs to attend court when he is required to do so. We are aware that this is the last witness and if the State are unable to locate the witness, they must close the case,” Mr. Mwiimbu said after which Mr. Sakala sought an adjournment.

In her ruling, Ms Chabala said: “I have noted that since January 2018 the accused person has been appearing in court and the State has been unable to bring Detective Chief Inspector Mooka. I will reluctantly grant the adjournment.”

The case has since been adjourned to August 24, 2018 for mention and September 26, 2018 for continued trial.