ESTHER DEMANDS HERBALIST’S ‘ACCOUNTING’ BOOKS
THE Lusaka Magistrate Court yesterday granted former President Edgar Lungu's wife, Esther Lungu and others permission to have access to the books where a witness was recording names and consultation fees for her clients from 2019 to 2023.
This was after one of her lawyers, Ms. Dessislava Findley made an application that Ms. Elizabeth Phiri, 53, a herbalist avail the court the books where she recorded patients’ details.
Ms. Phiri told the court during cross examination that she only received a K4, 000 from former President Lungu's niece Catherine Banda, one of the accused persons after she made a payment for consultation fee.
Ms. Phiri denied receiving any money above K4, 000.
“Banda came to me, as a herbalist that she wanted a child and husband and gave me consultation fee which I paid part of it as tithe,” Ms Phiri said.
Ms. Phiri was testifying in a matter in which Esther is facing three counts of theft of motor vehicle contrary to Section 281A of the Penal Code Chapter 87 and one count of theft contrary to Section 272 of the Penal Code Chapter 87 of the laws of Zambia.
Esther, 66, is jointly charged with James Phiri, 49, a police officer, Lee Chisulo, 31, also a police officer, Kapembwa Lungu and Catherine Banda, all residents of Lusaka.
Ms. Phiri said she does not pay tax to the Zambia revenue Authority (ZRA) but only pays tithe to God.
She testified that when her clients give her money, she goes to the bush to look for medicine and leave the money there as tax because she does not know that she had to pay to ZRA.
When asked whom she gives tithe in the bush and not to ZRA, she said she leaves it on the ground and the hunters and people who passes usually pick the money.
Ms. Phiri told the court that the time Banda came to her and paid her K4, 000, she immediately wrote her a name in the book which was already brought before the court.
It is at this point when the defence lawyer made an application to have the other books the witness used to enter names of other clients produced in court. Ms. Findley argued that it was imperative that the defence gets sight of the books to complete the evidence in court. "In cross examination, we should not be prevented or denied the opportunity to cross examine on a particular issue particularly when it affects the accused, thus we are requesting for the court to grant us the opportunity to peruse through the books," she said.
In response, state prosecutor, deputy Chief Advocate at National Prosecution Authority (NPA) Chipola Bako said there was no evidence or information on the record that states specifically what the defence wants to see in books.
"The witness cannot be compelled to bring what is not there or what is not specific," Mr. Bako said.
However, the court in its ruling said the witness admitted to having said she had books where she records clients.
"Heard submission from both sides, in this question the witness has said that the books are in her custody. I allow the application by the defence," Magistrate Sinvula ruled.
He adjourned the matter to March 13, for continued cross examination.