by Abraham Kalito on 22 Mar 2018by Sipilisiwe Ncube on 22 Mar 2018by Mukosha Funga on 22 Mar 2018by Nancy Moonga on 22 Mar 2018
- Goal Diggers
by Mirriam Chabala on 22 Mar 2018by Mirriam Chabala on 21 Mar 2018by Nancy Moonga on 21 Mar 2018by Zondiwe Mbewe on 21 Mar 2018
by Daniel Chansa on 22 Mar 2018by Zondiwe Mbewe on 21 Mar 2018by Zondiwe Mbewe on 19 Mar 2018by Diggers Reporter on 7 Mar 2018
- Editor's Choice
by Diggers Editor on 22 Mar 2018by Diggers Editor on 21 Mar 2018by Diggers Editor on 19 Mar 2018by Diggers Editor on 17 Mar 2018
by Felix Kashweka on 10 Mar 2018by Sipilisiwe Ncube on 2 Mar 2018by Felix Kashweka on 24 Feb 2018by Felix Kashweka on 24 Feb 2018
- Guest Diggers
Defense asks court to free HH, calls state witness a liarBy Mukosha Funga on 14 May 2017
Hakinde Hichilema’s lawyers have asked Lusaka Magistrate Greenwell Malumani to set their client free in the ‘use of insulting language’ case on account that the arresting officer is incompetent and a pathological liar.
In the defense’s final submissions for acquittal at judgment filed in court on Friday, the defense stated that the arresting officer, Mbita Mpazi’s evidence was not worth gracing the courts records as it was an embarrassment to humanity.
The defense counsel also said Mpazi’s evidence must be ignored because he was the complainant, investigator and arresting officer at the same time.
“PW3 is not only incompetent and a pathological liar, but his evidence must completely be ignored by this court considering the fact that he is the complainant, the investigator and the arresting officer at the same time, surely, the fundamental principles of natural justice do not permit as justice must not only be done but must manifestly and undoubtedly be seen to be done. This witness’ evidence is not worth gracing the honorable court’s record as it’s not only an embarrassment to humanity and morality but also only serves the purpose of perpetuating mischief and injustice,” defense lawyers stated.
They also asked the court to take judicial notice of the fact that no independent person testified against HH.
“This court must take judicial notice that there was no independent witness who testified in the matter and as admitted by the prosecution witnesses, the danger of fabrication of false implication has not been excluded. The State lamentably failed to produce collaborative evidence as a matter of practice in this case. It is simply the words of the witnesses against the accused’s plea of denial. The state deliberately withheld evidence favorable to the accused and it had to take the ingenuity of defense counsel to secure the official investigations and arrest report which exposed some of the lies by PW3, the arresting officer,” they stated.
“This conduct by the state offends the principle in the case of Abel Banda vs The People (1986) Z.R. 105 to the effect that where a prosecutor knows a credible witness whose evidence supports the accused’s innocence, he should inform the defense about him. This principle extends to the evidence available to the police. We remain in awe and shock as to what other evidence which proves the accused’s innocence has been withheld by the state. Your honor, we humbly pray that this honorable court must, in view of the foregoing, dismiss the prosecution’s case and forthwith acquit the accused person and set him at liberty.”
The defense also observed that the state witnesses’ testimonies were not collaborating.
On Thursday, Mpazi was forced to apologise to the court after the defense caught him lying that he was not at HH’s house around 22:00 hours on April 10 when his records indicated that he was there.
Magistrate Malumani is expected to deliver judgment tomorrow.
About Mukosha Funga
Mukosha Funga is a Zambian journalist interested in good governance and anti corruption reporting.
- Increase tax on beer instead of making people pay borehole tax – Mwashingwele - 22 Mar 2018
- Namugala tells Kapata not to blame social media for govt-caused misinformation - 22 Mar 2018
- Minister explains UTH power outage - 22 Mar 2018
- CBU lecturers abusing justice process – CSER - 21 Mar 2018
- Lusambo takes walk of shame, vows to die for Lungu - 21 Mar 2018
- Police release Kambwili, order him to report at Woodlands station tomorrow
- Judge Musona finally views 'missing' Munali violence video
- Police arrest Kambwili, slap him with 37 counts of having money suspected to be proceeds of crime
- Kalaba distances himself from extravagant spending on Lungu's trips
- Our ethics demand that we respect Mr Chanda’s reaction
- HPCZ drags Lafarge to court for operating illegal clinic, dispensing expired drugs
- Speaker orders Kambwili to apologise for ‘maligning’ Kampyongo, Grandview
- Investigative journalism key to development – Foote
- Increase tax on beer instead of making people pay borehole tax – Mwashingwele
- UZi will enhance competition, lower cost of mobile services – CCPC
Subscribe for email alerts
Weekly Most Digged
ArchivesApr0 PostsMay0 PostsJun0 PostsJul0 PostsAug0 PostsSep0 PostsOct0 PostsNov0 PostsDec0 Posts
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
+26-097-7708285, 095-3424603, 096-5815078
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend