By LUCY PHIRI
THE Lusaka Magistrate Court has acquitted Lusaka lawyer Mutemwa Mutemwa, his son, also a lawyer and a police officer Dennis Mano Kayombo who pleaded not guilty to charges of theft of US$800, 000 after their matter was withdrawn.
The court has also warned the state to be serious with some of the matters they bring to the court, saying matters have to be fully investigated to avoid such withdrawals.
This is in a matter in which Lloyd Chinjenge, 42, a business man of Lusaka applied for the matter to be dismissed stating that there are some on-going transactions between him and the accused and also that he has a good relationship with the lawyer.
Mutemwa senior, his son Mutemwa jnr and Kayombo appeared before resident magistrate Dominic Makalicha in matter which they were charged with two counts of theft.
However, after the court analysed the submissions made by the complainant and the prosecutor and their reasons given, it dismissed the matter.
“The state through the prosecutor are the ones who brought the accused to court and these are the same people who have suggested to offer no evidence against the accused, the court therein is kept with no option but to have the matter withdrawn because they have chosen to offer no evidence against the accused. ” said Magistrate Makalicha.
He further said people should stop using the court as “rubber stamp” having matters within the courts when in fact it’s the state that is not interested in prosecuting the matter.
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