THE State has informed the Lusaka Magistrates’ Court that instructions from the Director of Public Prosecutions (DPP) to commit a police officer to the High Court for trial for the alleged murder of State prosecutor Nsama Nsama Chipyoka and Joseph Kaunda are not yet ready.
The matter has since been adjourned to Friday, March 5, for another mention as they await instructions from the DPP.
In this matter, Constable Fanwell Nyundu, a 25-year-old police officer of Matero Police Camp, is facing two counts of murder.
In count one, it is alleged that on December 23, 2020, Nyundu murdered Nsama Nsama Chipyoka.
In count two, it is alleged that Nyundu, on the same date, murdered Joseph Kaunda.
The charges were explained to the accused person when he first appeared before Magistrate Felix Kaoma last Friday.
Magistrate Kaoma also explained to Nyundu that the offences he was charged with were only tried by the High Court.
He said the accused person would continue to appear before his court awaiting committal to the High Court for trial if the office of the DPP issues instructions.
However, when the matter came up for mention and possible committal yesterday, public prosecutor Jordan Busiku informed the Court that the committal was not ready and that the State was, therefore, asking for a short adjournment.
“May the matter come on Friday, March 5, for another mention as we await instructions from the DPP,” Busiku said.
Magistrate Kaoma adjourned the matter to March 5, 2021, for another mention, as they await the DPP’s instructions.
After the case was adjourned to Friday, Lusaka lawyer Mulambo Haimbe, who is representing the family of the late Joseph Kaunda, said the family’s interest was to ensure that there was a fair hearing and that there was a proper explanation as to how their loved one lost his life.
“The family is keenly interested in these proceedings and would want to ensure that justice prevails. We have said before that their interest is not to have a conviction per say, but to ensure that there is a fair hearing and that there is a proper explanation as to how their loved one lost his life. So, we will be coming throughout the proceedings. As much as the case has been adjourned for committal, we will be here on Friday to conduct a further watching brief so as to ensure that the interest of the family and, indeed, the general public are taken care of,” said Haimbe.
“So far, we will continue to wait and see, to continue to watch and ensure that the process is expedited.”
Public prosecutor Nsama Nsama and UPND sympathiser Joseph Kaunda were shot dead near Cabinet office on December 23, last year.