HH found with case to answer

Fri, 12 May 2017 12:48:32 +0000

By CHARLES MUSONDA

HAKAINDE Hichilema has opted to remain silent and will not call any witnesses in a matter in which the Lusaka Magistrates’ Court has found him with a case to answer for insulting police officers.

Magistrate Greenwell Malumani yesterday established a prima facie against the UPND leader and put him on his defence when the State closed its case after four witnesses testified. Mr. Malumani has since set Monday May 15, 2017, as judgment day.

He said in his ruling that the criteria applicable in finding a case to answer had been subject of many interpretations in the Zambian jurisdiction.

Mr. Malumani said the no case to answer verdict could only be upheld in a matter where there was no evidence to prove elements of the allegation and where the prosecution’s evidence had been so discredited that no reasonable tribunal could convict on it.

He said evidence adduced showed that the witnesses visited Hichilema’s house and interacted with him. Mr. Malumani said the witnesses went to the UPND leader’s residence as police officers on duty and saw him emerge from the house.

He said defence lawyers had raised issues of credibility and malice on part of State witnesses, particularly arresting officer Mpazi Mbita who unequivocally admitted that he was both the complainant and investigation officer in the matter.

Mr. Malumani said the defence lawyers further raised lack of professionalism, lack of ethics, bias and possible interest to serve on the officers’ part.

He said the court could not convict the accused person devoid of corroboration of evidence.

“It will be wrong to make an absolute conclusion of credibility of witnesses. I find a verdict of case to answer and place the accused on his defence,” Mr. Malumani said, sending the court into silence.

The silence drowned the earlier excitement which gripped the courtroom when Mr. Malumani said he would make the ruling without considering submissions from both the defence and the State.

Later, lead defence lawyer Jack Mwiimbu said: “Our client has exercised his constitutional right to remain silent and is not calling any witness…we opt not to make any submission and we will rely on the wisdom and guidance of the court.”

Earlier, Mr. Malumani threatened to abandon the case and have it referred to another magistrate when defence lawyer Keith Mweemba continued to ask Mr. Mbita to provide evidence showing that Hichilema was going to overthrow the Government through unlawful means or by force.

“The witness cannot do that before this court. He cannot adduce evidence of treason before this court…I am getting concerned and if you are not going to cooperate I will have no option but to have the case referred to another magistrate,” Mr Malumani told Mr Mweemba.