Accused’s family threaten prosecutor

A PUBLIC prosecutor yesterday complained in court that relatives of an accused person he is prosecuting threatened him after the case was adjourned. This is in a case where former Libya African Investment Company (LAICO) Zambia Limited finance manager Clement Wonani is facing eight counts among them theft of money by servant, forgery, and uttering false documents. Samuel Limbwambwa, the prosecutor, told Lusaka Magistrate Humphrey Chitalu that he was threatened by two women, who were in court yesterday. Mr. Limbwambwa said the two women exhibited a lot of mischief and that he did not take their threats lightly. “We wish to inform the court that if this conduct continues, the harassing of witnesses and officers of the court, we shall have no choice but to make a necessary application to the court,” Mr. Limbwambwa said. In response, defence lawyer Kakoma Charles Changano told the court that arresting officer, a Mr. Chilopa, provoked Wonani’s family by spitting at one of the relatives. However, Mr. Chilopa accused Mr. Changano of lying to the court. Ruling on the matter, Mr. Chitalu warned the two women that he would not allow their behaviour and that he has power to lock them up for their misconduct because court premises is a dignified place, adding that he could cite them for contempt of court. He added that he has power not to allow them in the courtroom, adding that matters are held in open court for anyone to follow proceedings because justice is not a secret. He advised Mr. Chilopa to look at himself as a responsible person, and told the prosecutors and the defence lawyers not to handle the matter with emotions in the interest of justice, and that they should behave in a manner expected of court officers. And in the main case, Mr. Changano applied to the court to take judicial notice of Magistrate Greenwell Malumani’s ruling in which he acquitted Wonani and two lawyers in a case they were jointly charged for theft of over K2, 000,000 belonging to LAICO Zambia last week. He said cases arising from same facts should be given same interpretation to avoid absurd results, adding that elements of theft are the same and will never change before Magistrate Chitalu’s court. But State Advocate Chimbeka Sakala argued that Wonani was acquitted in another court on the charge of theft, which was different from what is before Magistrate Chitalu. “A perusal of particulars of offence in this court shows that they are different. This court is not bound by the findings of another court. This court has its own jurisdiction and power to hear evidence placed before it, analyse that evidence, and make its own findings of fact. We therefore urge this court to dismiss the application by the defence,” Mr. Sakala said. The case was adjourned to August 28, 2018 for ruling.