KBF applies to join Nchito prosecution

Tue, 04 Apr 2017 10:05:57 +0000

By CHARLES MUSONDA

LUSAKA lawyer Kelvin Bwalya Fube has applied to join the private prosecution of lawyer Nchima Nchito for alleged impersonation as an advocate representing the Post Newspapers Limited (in liquidation).

Mr. Bwalya said before Magistrate Greenwell Malumani yesterday that he had seen the indictment and spoken to the Post’s provisional liquidator Lewis Mosho but had not spoken to complainant Abel Mboozi, a former Post Newspapers reporter.

The case was yesterday scheduled for a response from the prosecution to the defence’s application to throw out the case on grounds that the charge did not state the offence.

One of the defence lawyers Musa Mwenye had initially applied to the court to throw out the case for the stated reason when the matter first came up in court.

Mr. Bwalya said he had not yet had a word with Mr Mboozi to get full instructions and sought a short adjournment.

“In the meantime I also apply to be allowed to read details of what transpired at the last sitting,” Mr. Bwalya said.

But Mr. Mwenye said the defence had difficulties with Mr. Bwalya’s application particularly on professional grounds.

“The record will show that this matter commenced by a complaint. It is therefore a private prosecution at the instigation of the complainant. By counsel’s own admission, he has not spoken to the complainant to get instructions nor has he spoken to counsel handling this matter on behalf of the complainant.

“It is not clear who has instructed him to join this matter. He is therefore not properly before this court and cannot therefore apply for an adjournment. We also pray that the court takes judicial notice that when the matter came for mention last time, the complainant and counsel (Robson Malipenga) were not present,” Mr. Mwenye said.

He said it was also clear that the prosecution and the complainant were not before court yesterday and that the defence’s objection to an application for an adjournment was primarily on grounds that there was no advocate properly appointed by the complainant.