PF sympathiser Chanoda Ngwira yesterday failed to turn up in the Constitutional Court for a matter where former DPP Muntembo Nchinto wants to commence contempt proceedings against him, due to a sudden illness.

But Mutembo wondered how Chanoda could claim to be sick when the previous day around 23:00 hours, he was active on Facebook and even posted a picture of himself.

In this matter, Mutembo had applied for leave in the Constitutional Court to commence contempt proceedings against Chanoda, for threatening Supreme Court justices Mumba Malila and Albert Wood with criminal action if they did not step down for giving witness statements in the matter where Mutembo is challenging his removal as DPP.

At the last sitting, Mutembo had accused Chanoda of being used by some people with legal minds to interfere with the proceedings in his main matter.

This was after Chanoda failed to explain what he meant by ‘character evidence’ in his letters to Supreme Court Judges Malila and Woods, were he threatened to commence private criminal proceedings against them if they proceeded to give witness statements against the State, to the character of Mutembo.

But when the matter came up for a final hearing before a full bench of five Constitutional Court judges; Mungeni Mulenga, Enock Mulembe, Palan Mulonda, Prof Margaret Munalula and Martin Musaluke, Monday, Chanoda’s lawyer, a Mr Chanda informed the court that his client fell ill on Sunday.

“The information I have been given is that my client fell ill on Sunday. I have a sick note which I’m yet to present before this court,” said Chanda.

In response, Mutembo confirmed that he had seen the sick note.

At this point, Chanda asked the court to have the matter adjourned to a convenient date.

Mutembo did not object to the adjournment but said, “we will leave this to the court, except that Mr Ngwira was active on Facebook yesterday and posted a picture of himself around 23:00 hours, but only to be given a sick note today.”

The court then gave Chanoda a benefit of doubt for missing court.

But regarding Mutembo’s comment on the alleged conteminor being active on Facebook the previous day, Justice Mulenga refused to comment saying they did not have sight of that.

“Having heard the application to have the matter adjourned based on the reason advanced, we give the alleged conteminor a benefit of doubt. And on the comment made by Mr Nchito that Mr Ngwira was active on Facebook, we cannot comment because we had no sight of that,” said Justice Mulenga.

When the court said it would adjourn the matter to Monday next week, Mutembo informed the court that he would be unavailable on that date as he would be out and his firm would be closing this Friday.

The court then adjourned the matter to March 18, next year.