LUSAKA Magistrate Alice Walusiku has revoked summons for another Marshlands Consortium Limited director Nachi Musonda for missing a court session under the pretext that he was in contact with a COVID-19 patient.
Magistrate Walusiku revoked the summons after establishing that the documents which Musonda presented before court relating to him being in contact with a COVID-19 patient, were forged.
She said the said document, which was presented to court, was a clear forgery going by the testimony of Centre for Infectious Disease Research in Zambia (CIDRZ) operations manager Mabvuto Phiri, who denied having generated the document from CIDRZ.
Musonda has since been detained alongside two other directors who are already in custody for absconding court.
In this matter, three Marshlands Consortium Limited directors: Tobias Milambo, Nachi Musonda and Richard Lubemba are facing 15 counts of forgery, obtaining money by false pretenses and uttering false documents, among them Ultimate Insurance Company Limited shareholder resolutions.
When the matter came up yesterday, State prosecutor Noah Mwanza informed the Court that the doctor from Levy Mwanawasa Hospital and the CIDRZ operations manager were before court to explain Musonda’s health status in relation to COVID-19.
Phiri, the CIDRZ operations manager, testified that the documents, which were presented to court by Musonda in relation to his COVID-19 status, were not generated by CIDRZ.
And a doctor from Levy Mwanawasa Hospital Dr Cynthia Thandiwe Phiri said that she was given a document by Musonda from CIDRZ, which she acted upon to refer him to do a swab for COVID-19 at the hospital.
She, however, said she did not see the results for the swab as they were given directly to Musonda.
In her ruling, Magistrate Walusiku revoked Musonda’s summons and detained him for absconding court sessions and presenting forged documents to court.
She said the results which were presented to the court by Musonda were forged.
Magistrate Walusiku added that Musonda was in contempt of court by not attending the court session on a claim that he had tested positive for COVID-19.
Meanwhile, State prosecutor Noah Mwanza objected to the bail application by the defence, saying the accused persons should remain in custody going by their conduct in court.
He said as the record would show that the accused persons had tried by all means to try and delay the matter.
Mwanza gave examples of the accused persons having applied to the High Court for the superior court to call for review of the record before Magistrate Walusiku, which was thrown out.
But the defence insisted their clients be granted bail as the charges they were facing were bailable and would not make it difficult to secure their attendance in court.
Magistrate Walusiku reserved ruling to Friday.