Wed, 06 Sep 2017 10:06:48 +0000
By Justina Mulenga
TWO soldiers and an accountant have appeared before the Lusaka Magistrates’ Court for allegedly conspiring to murder former president Rupiah Banda and presidential aide Kaizer Zulu.
It is alleged that the trio, Steven Phiri, 35, Steven Chiiba Chooka, 42, and Milner Mwanakampwe, 35, conspired to murder the two officials contrary to the laws of Zambia.
The trio appeared on two counts of murder and one count of unlawful possession of National Registration Cards yesterday before Chief Resident Magistrate, Kenneth Mulife and were represented by the defence team headed by Martha Mushipe and Keith Mweemba.
In the first count, particulars of the offence were that Steven Phiri, Steven Chiiba Chooka, and Milner Mwanakampwe, between June 30th and August 8th 2017, in Lusaka, jointly whilst acting together with other persons did conspire to murder Kaizer Zulu.
In the second count, particulars of the offence were that Steven Phiri, Steven Chiiba Chooka, and Milner Mwanakampwe, between June 30th and August 8th 2017, in Lusaka, jointly whilst acting together with other persons did conspire to murder Rupiah Bwezani Banda.
And in count three, particulars of the offence were that Steven Phiri, on August 8th 2017, in Lusaka, unlawfully had in possession eight (8) National Registration Cards belonging to other persons. The defence team headed by Ms. Mushipe made an application to the State to separate the charges because it was impossible to try all of them when count one and two could be tried by the High Court.
Ms. Mushipe also asked the State to either amend the charge or discharge charges not tried by the Magistrate Court, or enter a nolle to proceed with the case.
She told the court that the accused persons had been incarcerated for over a month without being brought before the courts of law and had no knowledge as to why they were being detained only after the matter came before the High Court for a Writ of Habeas Corpus.
Meanwhile, the State made an application to adjourn the matter in order to separate the charges which the defence strongly objected to. “We will not allow the state to adjourn this matter whilst the accused persons are in custody,” said one of the defence lawyers, Keith Mweemba.
Mr Mweemba said offences on the indictment were not capital and that the court should refuse the application made by the State for an adjournment.
He told the court to let the accused take plea in court so that the defence could make an application in the interest of justice.
The State asked the court to make an application for adjournment ‘in camera’ due to the nature of the offence that caused fear in the lives of the witnesses.
Chief Magistrate Mulife, however, denied the State’s application and said it should be made in open courts.
Mr Mweemba further made an application to court for the bailing out of the accused persons as they remained innocent until proven guilty.
The court denied the application by the defence and said it could not be granted as the accused persons had not taken plea.
The matter has since been adjourned to today, September 06th 2017.
