Lusaka magistrate Brian Simachela has expunged from evidence a letter purported to have been written by Chishimba Kambwili in which he accepted all three traffic offenses and asked for leniency.
In this case, Kambwili is accused of knowingly being in possession of a Jaguar bearing a false registration mark ‘CK900’.
In the second count, he is alleged to have permitted someone without a driver’s license, Chileshe Chileshe, to drive his car along Dedan Kimathi Road.
And in the third count, it is alleged that the said car had no certificate of insurance contrary to the laws of Zambia.
When the matter came up for trial today, a road traffic inspector from RTSA Kakubo Chikowa said he was on duty on the material day when he impounded a vehicle which he later discovered belonged to Kambwili.
He also testified that after screening the system for the number plate ‘CK900’, he discovered that it did not exist.
Chikowa also told the court that he had spoken to Kambwili on the phone about the number plate but failed to produce evidence to that effect in cross examination led by Keith Mweemba,
And when Mweemba brought up a letter which was part of RTSA’s evidence purportedly signed by Kambwili and addressed to the court, in which he asked for leniency, the witness said he knew nothing about it.
Mweemba then applied that the letter be expunged from the court records but prosecutor Peter Mulyata objected to the application asking the court to instead hold an inquiry to ascertain the authenticity of the letter as forgery was a criminal offence.
But Magistrate Simachela expunged the letter from evidence and challenged the state to call the witnesses to prove the authenticity of the letter if they so wished.
Chikowa also admitted in cross examination that he did not find Kambwili in charge of a motor vehicle bearing a false registration mark CK 900.
Chikowa testified that he did not even interview the Kambwili formally on whether or not he allowed Chileshe to drive the motor vehicle.
He said he did not have any documentary evidence in relation to the matter.
It was also established by the defense that on the complaint letter indicating the alleged traffic offences, Chikowa cancelled the name Chileshe Chileshe and replaced it with Kambwili without signing for the alterations.
And another defense lawyer, Christopher Mundia, promised to briefly cross examine the witness saying the case had already collapsed.
Trial continues on October 18.