PATRIOTIC Front (PF) acting deputy secretary general, Nickson Chilangwa, has petitioned the Lusaka High Court, contesting the decision by the Kawambwa Magistrate Court to issue a bench warrant against him.
Mr Chilangwa contends that the issuance of the bench warrant violates his right to a fair trial.
Last week, Magistrate Martin Namushi issued a bench warrant against Mr Chilangwa, who is also Kawambwa Central Member of Parliament for absconding court sessions.
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The bench warrant was retainable on Friday, May 26, 2023.
The petitioner and six others were scheduled to open the defence in a case in which they are charged for arson, threatening violence, malicious damage to property and four counts of assault in 2021.
But Mr Chilangwa has turned to the High Court seeking a declaration that the actions of the magistrate go against the rules of justice.
He is also demanding damages from the State for the breach of his right.
The petitioner explained that during trial, one morning, when he and his co-accused went to attend trial, the matter was adjourned because the magistrate had an emergency back home.
He said that he was later tipped that the purpose for the magistrate’s travel may prejudice his trial.
“Being apprehensive upon receipt of such information the petitioner decided to file a complaint with the JCC for further investigation and hearing of the complaint. The complaint submitted by the petitioner has to date not been heard by the Judicial Complaints Commission,” he said.
Mr Chilangwa stated that when the matter came up on May 24, 2023, the magistrate was informed that his failure to attend the session was because he was appearing before the High Court in a contempt matter.
“That despite the magistrate acknowledging the same he proceeded to issue a warrant of arrest against the petitioner,” he stated.
The petitioner contended that the action by the magistrate breached his rights rights to a fair trial as protected under article 18(1) of the Republican Constitution.
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