Court throws out Mutinta M’membe’s case

Oracle Media proprietor Mutinta Mazoka being taken to police cells at Kabwata Police Station in Lusaka-Picture by Tenson Mkhala

The Lusaka Magistrates’ Court has dismissed contempt of court charges against Oracle Media director Mutinta Mazoka M’membe in a case in which she was accused of tearing a search warrant.

When the matter was called before magistrate Ireen Wishimanga, a prosecutor informed the court that the DPP had taken over the case and subsequently entered a nolle prosequi, which the defense lawyer rejected as the DPP did not follow the proper procedure of take over.

Magistrate Wishimanga said the proper procedure was for the DPP to inform the court of the take over of the proceedings.

“I agree with the defense that the proper procedure of the take over has to be followed by the DPP in order for her to prosecute the matter,” magistrate Wishimanga said.

However, magistrate Wishimanga dismissed the case due to the non appearance of the complainant, Japhet Mulenga; a police officer.

She said it was unacceptable that Mulenga was not before court and freed Mutinta.

The court however said the state was not barred from commencing fresh proceedings.

In this matter, Mutinta was accused of tearing a search warrant on February 15 when officers raided her home.

         

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