In this case, Ng’ambi was charged with acts intended to cause grievous harm, with intent to maim, disfigure or disable wife, Agness.
In July this year, the Ndola Magistrates’ Court committed Ng’ambi to the High Court for trial in this case.
When the matter came up before Ndola High Court judge Yvonne Chembe in September, Ng’ambi said he understood the charge but pleaded not guilty.
On September 17, Ng’ambi’s wife Agness commenced her testimony, narrating to the court how she was beaten by her husband.
The matter was then adjourned to December 3, 2019 for continuation of trial.
But when the matter came up yesterday, the state informed the court that Agness was unwilling to continue with her testimony against her husband.
“The witness is not before court and the matter was coming up for continuation of trial. However, the victim in this matter Agness Mubanga Ng’ambi has indicated to the state that she does not wish to testify against her husband who is the accused in this matter, as they have reconciled. To that effect the victim has written a letter to the state dated 30 September, 2019, where she has indicated that she had reconciled and does not want to continue with the matter,” the state submitted.
“They had made a number if attempts to talk to the victim, unfortunately she has insisted and made a stance not to testify against him. Having been our star witness, it makes it difficult for the prosecution to proceed with the matter. In addition, it is our humble application that the letter written to our office be made as a part of the record. Therefore, in view of these circumstances, the state wish to discontinue proceedings against the accused by way of entering a nolle prosequi.”
Judge Chembe then told Ng’ambi that the matter was discontinued.
“The prosecution has discontinued the matter by way of a nolle prosequi against you. But note that a nolle is not an acquittal, once there is other evidence or the victim decides to come to court, you will be charged on the same charges. You can go now,” said Judge Chembe.