No ac­quit­tal for miss­ing co­caine ac­cused - State

Daily Nation Newspaper - - HOME NEWS - By CHARLES MUSONDA

7he State has obMected to de­fence lawyer .eith Mweembj’s ap­pli­ca­tion for the acTuit­tal of his clients charged for trafÀcNing in co­caine, which has since gone miss­ing. In this case, &hief 5es­i­dent Mag­is­trate .en­neth Mulife has put Syd­ney Mwansa, ta[i driver 7eddy Matanda, and a 7an]anian bus con­duc­tor Shaibu $bi­lahi /iNuta on their de­fence for al­legedly trafÀcNing in . Nilo­grams of co­caine, which has since been swapped, and the ac­cused per­sons were sched­uled to open their de­fence last week be­fore Mr. Mweemba’s ap­pli­ca­tion. 5espond­ing to the ap­pli­ca­tion yes­ter­day, 'eputy &hief State $dvo­cate Ga­maliel =imba de­scribed it as ve[atious, friv­o­lous and lacNing merit. Mr. =imba told Mr. Mulife that Mr. Mweembj’s other ap­pli­ca­tion for re-test­ing the avail­able e[hi­bits was eTually ve[atious, friv­o­lous, and lacNing merit. ´7he &rim­i­nal 3ro­ce­dure &ode &hap­ter the /aws of =am­bia is a com­pre­hen­sive guide on pro­ce­dure. :e have found no pro­vi­sion therein sup­port­ing this sought for ap­pli­ca­tion. ´7he State is at sea as to what pro­vi­sion of the &3& this ap­pli­ca­tion is an­chored on,µ Mr. =imba said. He said the State had looNed at the e[hi­bits and ac­com­pa­ny­ing doc­u­ments, which showed that the drugs were sei]ed from the ac­cused per­sons. He said the afÀ­davit sworn by a pub­lic an­a­lyst from the )ood and 'rug /ab­o­ra­tory showed that the drugs tested pos­i­tive for co­caine. He said at the time when the said afÀ­davit was pro­duced in court, the de­fence did not obMect to its pro­duc­tion. ´2n what ba­sis should the court acTuit them? Our care­ful pe­rusal of the record will show the kind of drugs which the State pro­duced,µ he said. Mr. =imba urged the court to dis­miss the two ap­pli­ca­tions with the con­tempt they de­serve. 7he case has been adMourned to this 7hurs­day for the de­fence’s re­ply to the State’s obMec­tion

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