STOP GYMNASTICS, COURT WARNS STATE
THE State has been given the final warning by the Economic and Financial Crimes Court to stop the gymnastics that are delaying the matter in which former Mines Minister, Richard Musukwa and six others are challenging the seizure of property suspected to be proceeds of crime.
The three-member panel comprising Judges Vincent Siloka, Ms Pixie Yangailo and Ms Ann Malata-Ononuju warned the State to stop somersaulting before court and ensure it concluded its case in time.
This followed an application by the State seeking leave to file some documents out of time and to amend the statement of witnesses.
The State also applied for the view of the properties on question.
But the petitioners’ lawyers, Mr Makebi Zulu and Mr Jonas Zimba opposed the application, arguing that it would be difficult for them to respond to the amended statement as the petitioners had closed their case.
“What is much more curious is that the petitioners have since closed their case and it is now for the respondent to open theirs. It would be unjust at this point to introduce new documents which the petitioners will not have an opportunity to speak to. The intended application is tantamount to an ambush,” Mr Zulu argued.
State Principal Advocate A.
Chsanga pleaded with the court to use its discretion and grant them leave to file the said documents in the interest of justice.
In its ruling, the court granted the application and adjourned the matter to April 5,2024.
Justice Siloka however told off the State that the court was dismayed with their conduct.
“It looks like the State are waking up from a slumber in making these applications. It is clear from the record that this petition has been before us for a long time and each of the parties know which direction the petition should head to.
And coming and making applications, somersaulting before us like this when this is a fast track court will not be taken kindly. And this should be the last warning to the State. We shall not tolerate such gymnastics henceforth,” Judge Siloka warned.
The petitioners closed their case with four witnesses who included Mr Musukwa.
He insisted that the officers invaded his property and the search warrant was illegal as it was not signed by a competent court (Magistrate Court).