Jay Jay re-arrested
…shortly after assault case was discontinued
…shortly after assault case was discontinued
SUSPENDED PF official, Emmanuel Banda was yesterday rearrested a few minutes after the State entered a nolle prosequi in a matter were he is charged with aggravated assault.
He has now been charged with aggravated assault with intent to steal according to Police.
Banda, popularly know as Jay Jay together with four others is accused of assaulting a police officer.
On July 6, this year, Banda 35, John Lungu 26, Maxwell Pito 20, Moses Silyonde, 27, and Lyford Phiri, 21, were alleged to have assaulted, Allan Mbawe, at Lusaka Central police station.
The five however pleaded not guilty to the charge in the Lusaka High Court.
When the matter came up for commencement of trial before Judge Timothy Kantanekwa yesterday, State Advocate, Angelica Mwanza, said the State was unable to proceed owing to the nature of the offence.
Ms Mwanza said state had intended to call the victim, Mr Mbawe, who was the key witness in the matter but unfortunately encountered challenges to secure his attendance.
Detective Chief Inspector Mubita Moya was called upon to explain the reason why the complaint was not in attendance.
Mr Moya informed the court that Mr Mbawe was unwell and produced a sick note.
“He is an outside patient at Zambian Italian Hospital. He is unable to walk as both legs and the right wrist are swollen,” he told the court.
Therefore, Ms Mwanza said that under the circumstances, the state was left with no option but to discontinue the matter so that it could come in the next session to allow the victim to get better.
She stated that the State was discontinuing the matter by way of nolle prosequi with instructions to re-arrest.
Justice Mr Kantanekwa discharged the five and were set at liberty.
“The state has opted to discontinue this matter by way of nolle prosequi. That being the case, the court has no option but to discharge you all. However, I wish to warn you that such discharge is not an acquittal. In the meantime, you are all discharged and set at liberty,” he said.
In a dramatic turn of events, police announced that Banda had been re-rearrested.
“He is going back to court. There were some procedural issues that were spotted. However he is going back court,” police spokesperson, Esther Katongo told journalists in Lusaka.