By CHARLES MUSONDA
CHILUFYA Tayali was yesterday left dumbfounded after his lawyers Mutembo Nchito and one of his sureties withdrew in a matter he is charged with defaming President Lungu.
Mr Nchito has withdrawn from representing him citing concerns with Lusaka Magistrate Alice Walusiku who is handling the case.
Last year, Ms Walusiku reported Mr Nchito and other defence lawyers representing Ultimate Insurance to the Law Association of Zambia (LAZ) for alleged professional misconduct, after she established that a medical report tendered in court was a forgery.
The magistrate was also not happy that the defence lawyers had made several applications before the superior courts which have all been declined. Some of the application were that the case be reviewed for alleged bias.
Magistrate Walusiku said the defence’s decision to move from one higher court to another in bid to prevent trial amounts to forum shopping aimed at embarrassing her.
“This is a proper case to refer to the disciplinary committee of the Law Association of Zambia for further investigations to determine whether the conduct amounted to professional misconduct on the part of the defense team,” ruled magistrate Walusiku.
Tayali who is Economic and Equity Party (EEP) leader was arrested in May this year for accusing President Edgar Lungu of influencing turmoil in Zambia by allegedly sponsoring self-proclaimed Patriotic Front (PF) ‘national commander’ Innocent Kalimanshi to wreak havoc in the ruling party.
When the case came up yesterday for commencement of trial, the State was not ready and when Ms. Walusiku asked Tayali on the whereabouts of his lawyers, the accused person said Mr. Nchito had withdrawn from representing him citing concerns with the court on their part.
As such, he asked the court to give him ample time to find other lawyers to represent him.
At that point a public prosecutor informed Ms. Walusiku that one of Tayali’s sureties wanted to address the court.
When called to the stand, the surety Vincent Lisulo said he had decided to withdraw because of pressure from his family.
Tayali then said he was dumbfounded especially that Mr. Lisulo was close to him and they interacted with each other.
He said Mr. Lisulo had not told him anything and had just ambushed him, saying he wished he had informed him and asked the court to consider his predicament.
But Ms. Walusiku said the surety has a right to withdraw and that since Tayali remains with only one surety, she gave him up to next Friday to find another surety failure to which his bail will be revoked.
She also told Tayali to find a lawyer or else the court will proceed without a lawyer in the next sitting.
On the proposed date of August 17, 2021 for the next sitting, Tayali said it was not convenient to him as that will be during the elections period but Ms. Walusiku said courts are always there with or without elections.
She said an accused person who is on either bail or police bond can only be given 30 days. Ms. Walusiku then adjourned the case to August 26, 2021 and warned Tayali that she does not want to hear stories about new lawyers.
