Tue, 16 May 2017 10:58:28 +0000
By CHARLES MUSONDA
HAKAINDE Hichilema yesterday walked to freedom after the Lusaka Magistrates’ Court acquitted him of insulting police officers but his much hyped liberty was confined to prison as he still remained incarcerated for treason.
After Magistrate Greenwell Malumani set him free for lack of credible evidence against him, the UPND leader and his five co-accused trooped to another courtroom where Principal Resident Magistrate David Simusamba told them that he will make a ruling in their treason case next Monday.
Mr. Simusamba’s ruling would be on defence lawyers’ arguments on constitutional issues and validity of the certificate committing the accused persons to High Court for treason trial.
Earlier, ecstasy engulfed the courtroom of Mr Malumani as hordes of UPND supporters toasted Mr. Hichilema’s acquittal, which came on the 35th day of his detention. Mr. Malumani said he had found inconsistencies, contradictions, malice, bias and an interest to serve in the evidence adduced by all four police officers who testified against Mr. Hichilema, adding that no independent witness testified.
He said the second prosecution witness Henry Mulungisha admitted that no witness statement was recorded from him.
“I noted that the officer lacks basic knowledge of producing documents in court despite his 22 years of service. He could not say anything to justify his explanation and admitted that there was no video evidence of the insults,” Mr. Malumani said.
He said arresting officer Mpanzi Mbita admitted that he was both complainant and arresting officer but he never made any complaint before any magistrate nor produced an arrest warrant on which Mr. Hichilema was prosecuted.
“I was shocked with the extent of his contradictions and inconsistencies. He exhibited great lack of basic knowledge of how a criminal case is brought to court,” he said.
Mr. Malumani said Mr. Mbita’s demeanor exhibited arrogance; he disregarded guidance from prosecution lawyers – a lack of basic knowledge of court procedure.
He said Mr. Mbita’s conduct was regrettable because he clearly chose to deliberately tell lies in court, thereby convincing the court that he intended to mislead it.
He said Mr. Mbita was not honest and he was determined to destroy the prosecution’s case through his evidence and his conduct.
He said Mr. Mbita arrested Mr. Hichilema on all three charges of treason, insulting police officers and disobedience to lawful orders without investigations.
“This paints a gloomy picture of lack of professionalism by the Zambia Police…the National Prosecution Authority found it hard to rebuild the destroyed evidence and no one can blame them,” he said.
