THE State has objected to the defence application to have the matter adjourned in which Economic Party (EEP) president Chilufya Tayali denied hitting a female police officer who was on duty in the face with a kettle at Chilenje police station whilst in custody.
When the matter came up yesterday for commencement of trial, one of the defence lawyers, Mr Chandiwila Nyimbiri from Makebi Zulu Advocates applied for the matter to be adjourned because they were not ready to proceed.
Mr Nyimbiri submitted that the record may show the other counsel who is appearing before the High Court and is not before court.
But the state prosecutor Michael Nundwe objected to the application to have the matter adjourned stating that matters of assault are not difficult, one can easily stand in if the other lawyer is not present.
Magistrate Irene Phiri in her ruling said she was surprised that counsel didn’t file anything to show that he is at High Court to give that application.
“It is very important that lawyers place on record the person to represent them, I was going to proceed because the record does not show that counsel was present. I will give you a benefit of doubt. This is the last adjournment,’’ she said.
In this matter, Tayali, 48, of house number 38 Ngwezi road Roma in Lusaka pleaded not guilty to one count of assault on Police officer contrary to section 250(b) of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that Tayali’s wife Tsega Tayali brought food for her husband in custody and she was requested by the female police officer on duty to taste it as a procedure when someone brings food for suspects in custody.
Matter set for January 9, 2022 for trial
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