By NATION REPORTER
THE State’s entering nolle prosequi on the day of Judgment in the Mumbi Phiri case is a form of intimidation of the highest order so that she could continue living in fear and gag her from expressing herself, Lunte Member of Parliament Mutotwe Kafwaya has said.
Mr Kafwaya said a Nolle Prosequi meant the State had no evidence and that Mrs Phiri could be rearrested which could leave her yoked to fear of being rearrested at any time in her life.
He said Ms Phiri had already been prosecuted and since the State did not have enough evidence, it should have allowed the court to acquit her.
Mr Kafwaya is wondering why the State was fearing the acquittal of Mrs Phiri, stating that the prosecution had lamentably failed to prove their case against the former PF deputy secretary general.
Mr Kafwaya said entering Nolle Prosequi on judgment day after someone had already been prosecuted has never happened in the history of this country, stating that the State should have let the judge read out the judgement.
He said if the state did not have sufficient evidence to prosecute her then why was she prosecuted up until judgment day, why was she kept in prison for that long if they had no evidence.
And PF chairperson for legal affairs, George Chisanga said the events surrounding the MumbI Phiri and Shebby Chilekwa murder trial were as disturbing as they were mesmerizing as the State had to wait for more thasn a year to enter a nolle prosequi.
Mr Chisanga said a casual look at the document revealed that the prosecuting counsel handling the case was hurriedly instructed to prepare this document and, in the rush, he simply cut and pasted a document intended for use in the Magistrate Court at Mongu when the murder trial was in the High Court.
He said what was more disturbing and disheartening was that some section of the society knew that outcome of the case and the fate of Shebby Chilekwa before the Judge of the High Court had an occasion to deliver his judgment.
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