Lusaka magistrate David Simusamba has warned Roan PF member of parliament Chishimba Kambwili to appear in the next court session or be issued with a bench warrant.
This is in a better in which the Roan PF member of parliament is charged with forgery, uttering false documents and giving false information to a public officer.
Kambwili was scheduled to appear in court for continuation of trial, Monday, but his lawyer Christopher Mundia told the court that the accused had traveled to South Africa for medical check ups as indicated in the notice of affidavit filed on Friday last week.
Mundia further added that the accused’s sureties were present in court and were willing to attest to the fact that Kambwili was indeed outside jurisdiction seeking specialist treatment.
He later on asked for an adjournment.
But in response, State Chief Advocate Margaret Chitundu disagreed saying the defense’s application should not be entertained as it was such behaviour which gave credence that rich people seemingly bought themselves out of difficult situations.
“In response to that application your honour, it is such behaviour by the accused which gives credence to the motion that rich people seemingly buy themselves out of difficult situations. Your honour the accused house was merely searched and he was invited for questioning on Thursday last week. Surely does that justify him, for three whole days for his house merely being searched?” she asked.
Chitundu argued that the application made by the defence lawyer did not exhibit any medical evidence to show that the accused was given three days for bed rest.
“The application which was made to support this application, did not exhibit any medical evidence or a note from the doctor who attended to the accused person to justify being given three whole days for bed rest. Further the affidavit in support of this application alleges that the accused had gone to South Africa for medical check up from specialized physician. Your honour there is also no medical evidence, nothing from this physician justifying why the accused person should at this point in time, when he supposed to appear before this court fly to South Africa for his medical check up. Couldn’t this medical check up have been postponed, is it a matter of life and death that he needed to travel out of jurisdiction when he was supposed to appear?” Chitundu wondered.
However, Mundia stood his grounds saying the state’s opposition was unfortunate as they had provided valid reasons.
He said the picture being portrayed was one that was trying to dent the accused.
“When making the application before you I did mention that the sureties in respect to the accused are before court and willing to attest to the fact the accused is outside jurisdiction seeking specialist treatment. Your honour the picture being portrayed before you today is one that seeks to dent the accused [that] the accused person is simply absconding from due court process without good reason. Your honour the nature of an affidavit is very nature. There is absolutely no law whatsoever in this country that the affidavit must be accompanied with exhibit,” said Mundia.
When Kambwili’s sureties identified as Lusale Mixon and Kwangu Mukupa were called to testify, they informed the court that they could not attend the last court session because police officers denied them entrance to court premises.
They however testified that the accused person was truly in South Africa for medical check ups.
Magistrate Simusamba expressed displeasure with the conduct of the accused and warned that it was the last adjournment he was making and would be forced to bring the accused on warrant.
The case comes up on May 2 for continued trial.