Tue, 06 Dec 2016 10:05:32 +0000
By Chikumbi Katebe
“IT IS illegal for the Director of Public Prosecutions (DPP) to include a third count on my charges when I was only arrested on two counts,” former Lusaka Province Minister Obvious Mwaliteta has pleaded.
But advocates from the office of the DPP explained that the third count was in line with the proceedings leading to counts 1 and 2, which was why they saw it fit to include charge before the suspects took plea.
Mr Mwaliteta submitted that police arrested him on two counts of aggravated robbery for which charges, he appeared before the subordinate court, and accused the DPP of wanting to ambush him with a third case at the High Court.
This was when the matter came up during the opening of the High Court session for Mr Justice Dancewell Bowa where Mwaliteta and four others appeared after being committed from the Magistrate Court.
Mr Mwaliteta and his co-accused pleaded not guilty of the charges as read for them in court.
He was represented by a team of lawyers among them Chilanga UPND Member of Parliament Keith Mukata and Anthony Kasolo among others.
Mr Mukata submitted before court that police records indicated two counts of aggravated robbery and not three as was being read.
Particulars of the offence were that in count one Mwaliteta and four UPND members on 14th August 2016 in Lusaka jointly and whilst acting together stole a handbag and K350 from Elina Nyirenda and threatened violence to overcome her.
And in second count he together with his co-accused were said to have stolen a blackberry phone valued at K4000 from Emmanuel Simbeye also of Lusaka.
Another lawyer, Kieth Mweemba explained that it was ambush of the accused to bring in a third count on the indictment accusing them of wanting to sneak in another case against his client.
He said it was illegal and an ambush by the courts to add a third account and has called for the third count to be expunged from the indictment.
He argued that it would be unconstitutional for the DPP to include a third count when the accused persons were only arrested for two counts of aggravated robbery as indicated on the certificate of transfer.
Mr Justice Bowa has since set December 12 for ruling.
The matter was adjourned to Monday and Tuesday next week, 12-13 for trial.
