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Video evidence in Munali petition goes missingBy Diggers Reporter on 29 Jun 2017
The video evidence which led to the nullification of Higher Education Minister Professor Nkandu Luo’s Munali seat has allegedly gone missing.
In November 2016, the High Court nullified Luo’s election on grounds that violence shrouded the polls.
This was after UPND’s Munali candidate in the 2016 elections Doreen Mwamba challenged the election, hinging her arguments on a video that had gone viral in which PF cadres attacked a UPND campaign bus in Mutendere.
But Prof Luo challenged the nullification in the Constitutional Court.
However, when the matter came up in the Constitutional Court, Prof Luo’s lawyer Bonaventure Mutale swore affidavit verifying the non availability of the video clips.
He swore that a search at the High Court Principal Registry for the video clips did not yield any results as the same was never placed on the court record as confirmed by the Chief Marshal.
Mutale further said the respondent’s (Mwamba) witness, Joseph Chilekwa, played two video clips which were not given to them.
He said Judge Edward Musona’s marshal also confirmed that no copy of the video clips was surrendered to the court by or on behalf of the witness.
Mutale further swore that Mwamba’s counsel also told him that a copy of the video clips had never been surrendered to court.
He asked the court to proceed to hear the matter despite the missing video evidence.
But through her lawyers, Keith Mweemba and Gilbert Phiri, Mwamba refused to proceed with the case as there was nothing to determine following the absence of the video footage which caused the nullification of the seat.
Constitutional Court vice-president Annie Sitali has since adjourned the case to July 6, 2017 to rule on the missing footage.
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