COURT BIASED, UPND INSISTS

Wed, 09 Aug 2017 10:27:20 +0000

By Aaron Chiyanzo and Chintu Malambo

THE United Party for National Development (UPND) is still not convinced that the Judiciary is independent even after the acquittal of its member, Obvious Mwaliteta.

Mr Mwaliteta, who is former PF Kafue Member of Parliament and four other UPND officials were arrested last year and charged with aggravated robbery.

They were arrested for allegedly intercepting records of election results, a day before President Edgar Lungu was declared winner of the 2016 elections.

Mr Mwaliteta and his co-accused were however acquitted by the Lusaka High Court yesterday, on grounds that the State had not established enough evidence to warrant a case.

But UPND spokesperson Charles Kakoma said that Mr Mwaliteta’s acquittal was still not enough to vindicate the Judiciary from the party’s earlier accusations that it was biased.
Mr Kakoma told the Daily Nation that the Judiciary was still biased but that they had no choice in the case of Mr Mwaliteta because there was no evidence to implicate him.
He reiterated that the fact that Mr Mwaliteta and his co-accused were acquitted did not mean that the Zambian Judiciary was fair.

“The courts also are just victims of the State manipulation, otherwise they would be doing a good job. But even if courts were to be biased, when there is no evidence, there is no evidence.

Aggravated robbery is a very serious offence, do you think anyone would want to sentence someone without proper evidence?” he questioned.

Mr Kakoma also said that the acquittal of Mr Mwaliteta was proof that he was arrested on trumped up charges.

He said that it was unfair that Mr Mwaliteta had to be locked up for almost a year, keeping him away from his family when he was innocent.

Mr Mwaliteta, 47, of Kafue, Evans Mukobela, 45, of Matero, MacMillan Shimukonka, 34, of Twin Palm, Laswell Phiri, 43, of Lilanda, and Emmanuel Mumbi of unknown age and address were arrested and charged for intercepting records of election results, a day before President Lungu was declared winner of August, 2016 elections.

Mr Mwaliteta and others were arrested on three counts of aggravated robbery and had been in incarceration for almost one year.

When the matter came up for ruling before Judge Dancewell Bowa, the accused were found with no case to answer.

In his judgement, Justice Bowa who first acquitted three suspects said the State did not prove beyond reasonable doubt that the accused persons were indeed linked to the commission of the crime.

Justice Bowa also ruled that it was clear that Mr Mwaliteta was at ECZ but that there was nothing strange about him being there as he was a well known politician.

He said there was no evidence linking him and the other accused to the crime and acquitted Mr Mwaliteta and his co-accused.

Surprisingly, Mr Mwaliteta’s daughter collapsed in court due to excitement of her father’s acquittal.