The Lusaka Magistrates’ Court has ‘threatened’ to acquit Nchima Nchito SC due to ex Post reporter Abel Mboozi’s absence from court.
In this matter, Nchima is accused of personating a Post Newspaper Limited in Liquidation lawyer.
Mboozi, who withdrew a similar complaint against ex Post editor-in-chief Dr Fred M’membe last week citing lack of legal fees, was scheduled to also withdraw his complaint against Nchima this morning.
But his lawyer Rabson Malipenga told magistrate Humphrey Chitalu that he had failed to get in touch with his client because his phone was not going through.
Magistrate Chitalu said it was very dangerous for the complainant abscond from court without leave of absence because the court could use section 203 of the Criminal Procedure Code to acquit the accused.
He said this was the last adjournment he was granting.
The matter has since been adjourned to November 29, 2017 for withdrawal of complaint.
It is alleged that Nchito, between November 1, 2016 and February 2017, in Lusaka with intent to defraud, filed a court process in cause number 2017/HPC/0059, thereby falsely representing himself as an advocate genuinely appointed by the Post Newspaper Limited in Liquidation