I NEVER INSTRUCTED DR MALAMA TO TAKE PLEA ON AMENDED CHARGE - DEFENCE LAWYER
DEFENCE Lawyer, Willis Muhanga has told Chief Resident magistrate, Davies Chibwili that the court should put it on record that he has not allowed his client Dr Kennedy Malama, the former Ministry of Health Permanent Secretary, to take plea after his charge was amended.
Mr. Muhanga argued that it was never on record that the state should amend particulars in count one, particularly what Dr Malama was facing.
He said the State also changed some particulars in count one which was never an instruction from the court.
Previously, Mr Chibwili had ordered the state to amend the particulars in counts 2,3 and 4 in a matter involving former, Dr Malama and seven others.
However, after allowing the state to amend the indictment, the court ordered that Dr. Gardener Syakantu takes fresh plea despite what his lawyer submitted to the court.
Magistrate Chibwili said all the accused persons must take fresh plea as the case has dragged, from2021.
Mr. Muhanga argued that court ordered to only include ingredients of what other accused breached but not his client.
"Our belief is that the court ordered to include the ingredients of what our client breached. But on my client there was no order to amend count one, from the record, let it be put that I don't have instructions," he said.
All the accused persons took fresh plea and pleaded not guilty.
In this matter, Malama is charged with former Ministry of Health Permanent Secretary for Administration Kakulubelwa Mulalelo and seven others.
Other accused persons includes: Dr. Gardener Syakantu, Dr. Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke, Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Dr. Maximillian Bweupe, 51, Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines and Dr. Jabbin Mulwanda.
The matter is in relation to the procurement, supply and delivery of 50 ambulances.
Trial continues today