Tue, 04 Apr 2017 10:51:50 +0000
By CHARLES MUSONDA
THE Lusaka Magistrates’ Court yesterday refused to discharge Mutinta Mazoka M’membe following an application by her lawyer Sashi Nchito Kateka.
This is in a matter in which Mutinta is facing one count of contempt of court for tearing a search warrant duly issued by the court.
When the matter came up for start of trial before Magistrate Irene Wishimanga, the complainant Japheth Mulenga, a police officer who delivered the search warrant informed the court that he was not ready to proceed because he wanted to engage a public prosecutor to prosecute the case.
Mr. Mulenga also told the court that he was not well and asked the court to adjourn the case.
But Ms. Kateka objected to the application for an adjournment on grounds that Mr. Mulenga had not raised the issue of his illness when the parties had a discussion earlier on.
“This case came up for hearing on 22nd February one month ago. Trial date was set for today and the prosecution had more than enough time to engage the NPA (National Prosecutions Authority). Therefore it is unreasonable for the complainant to come to court and say he is not ready without taking into consideration the inconvenience.
“If the complainant is not ready in this matter, the accused should be discharged because we are ready to proceed with this matter. Section 199 of the CPC (Criminal Procedure Code) provides that where the complainant is not available the accused should be discharged. It is unacceptable and waste of the court’s time,” Ms. Kateka said.
In response, Mr. Mulenga said he was busy with national duties and the nature of his work involved traveling a lot.
Later Ms. Wishimanga ruled that Mr. Mulenga’s issue of his job did not arise in the matter and rejected Ms. Kateka’s request for Mutinta’s discharge.
“Unfortunately Section 199 of the CPC does not apply in this matter because the complainant has appeared and he is not ready to proceed. In the interest of justice I will allow the adjournment,” Ms. Wishimanga said.
The case comes up on June 5.
