THE Lusaka Magistrates’ Court has adjourned the matter in which PF cadre Innocent Kalimanshi, commonly known as “Ama Americans”, and 28 others are accused of being in possession of psychotropic substances, among other charges.
The accused persons could not take plea due to some errors which were contained in the indictment.
In this matter, the 29 are facing drug-related offences, being in possession of offensive weapons, among other charges.
The accused persons include; Titus Phiri, Nkandu Mundubi, Andrew Monde, Melvin Sichinga, Emmanuel Mwape, Innocent Kalimanshi, Lameck Mundisha, Amon Simwanza, Keron Mwewa, Amon Banda, Lackson Phiri, Chola Chishimba and Moses Mwaba.
Others are; Charles Simwanda, Stephen Ndawa, Mathew Phiri, Saidi Mumba, Mtendere Simwanza, Musonda Bwalya, Alick Daka, Steven Simpala, Peter Nkhoma, Oscar Chinga, Musa Chanda, Given Kokwa, Simon Mkandawire, Aaron Mumba and Patrick Mulenga.
In count one, two and three, the accused are charged with possession of psychotropic substances.
In the first count, it is alleged that Titus Phiri, Nkandu Mundubi, Andrew Monde, Melvin Sichinga and Emmanuel Mwape on July 23, 2021, in Lusaka, had in their possession, psychotropic substances namely 95.3 grams of cannabis, the product of cannabis sativa without lawful authority.
In the second count, it is alleged that Andrew Monde on July 23, 2021, in Lusaka did possess a psychotropic substance namely 36 grams of cannabis, the product of cannabis sativa without lawful authority.
In the third count, it is alleged that Innocent Kalimanshi on July 23, 2021, in Lusaka did have in his possession, psychotropic substances, namely 2.0 grams of cannabis, the product of cannabis sativa without lawful authority.
In the fourth count, the accused stand charged with unlawful use of property.
It is alleged that Kalimanshi, on the same date unlawfully used a motor vehicle, namely, an unregistered Nissan Fairlady for purposes of committing an offense under the Narcotic drugs and psychotropic substances act.
In count five, the accused are charged with possession of offensive weapons.
It is alleged that Lameck Tembo, Amon Simwanza, Keron Mwewa, Amon Banda, Lackson Phiri, Chola Chishimba, Moses Mwaba, Steven Ndawa, Mathew Phiri, Saidi Mumba, Mtendere Mwanza, Musonda Bwalya, Alick Daka, Steven Simpala, Peter Nkhoma, Oscar Chinga, Musa Chanda, Given Kokwa, Simon Mkandawire, Aaron Mumba, Emmanuel Mwape and Patrick Mulenga had in their possession, 19 axe handles and five machetes without lawful authority.
When the matter came up for plea, Monday afternoon, Magistrate Ngobola said he could not proceed because of the errors that were contained in the indictment.
“I will need time to study whether what is before me is properly framed, I must satisfy myself that what is here is in conformity with the law. I have noticed errors in the indictment in count one, two and three. The accused may end up taking plea to a charge that is not correct. How can a person be found in possession of 95.3 grams of psychotropic substances, I need to understand this,” said magistrate Ngobola.
He stated that the grams alleged to have been found with the accused persons exceeded what one can possess, hence the need for him to understand whether the charge needs to be revised to trafficking in psychotropic substances.
The matter has since been adjourned to August 26, 2021.
