The State has insisted that Chita Lodge managing director James Chungu’s bond be cancelled for allegedly interfering with a witness in a matter in which he is jointly charged with former Zambia Air Force (ZAF) Commander Lieutenant General Eric Chimese.
The State says the argument by the defence that its application to have Chungu’s bond revoked is misconceived, lacks merit.
In this matter, Chimese and Chungu are charged with five counts of abuse of authority and money laundering relating to properties in Ibex Hill and Lilayi.
Previously, a Zimbabwean builder, Masaka Joe Tendai, testified that Chungu sent him K700 in August this year, via Airtel Money and advised him to leave the country saying the Drug Enforcement Commission (DEC) wanted to arrest him.
Arising from Tendai’s testimony, the State asked the Court to cancel Chungu’s bond on account of interfering with its witness.
But the defence submitted that the State’s application was misconceived and an abuse of authority.
The defence, therefore, asked the Court to throw out the application, saying Chungu had not conducted himself in a manner to warrant it to cancel his bond as there was no evidence for the court to follow.
But when the matter came up before magistrate Nsunge Chanda for the State’s reply to the defence’s submission, Monday, Zimba argued that the argument by the defence lacked merit as there was no basis upon which it was anchored.
He submitted that the evidence from Tendai was clear on why the State made that particular application, adding that for one to argue that the application was misconceived, was a misdirection.
“The procedure alluded to by the defence relates to contempt proceedings and its not what the State is seeking. The State is aware that for contempt, there ought to be an investigation, a charge preferred on the contemnor and the Director of Public Prosecutions(DPP) has to sign on it. That is not what we are seeking. The authority the State relied on when making the application makes it very clear on what basis the court ought to revoke bond,” said Zimba.
Zimba said in light of Tendai’s testimony, the State was only asking the court to ask Chungu to show cause why his bond should not be canceled for interfering with a witness.
Magistrate Chanda adjourned the matter to December 2 for a ruling.