MINISTER of Justice Given Lubinda has again failed to testify against his alleged attackers for the fourth time on the pretext that he was scheduled to table the controversial Constitutional (Amendment) Bill no.10 before Parliament on Monday afternoon and needed time to prepare.
But lawyer representing Lubinda’s alleged aggressors Agrippa Malando said it was disheartening that the court was being lied to as there are no Parliament sessions on Monday.
Lubinda’s continued excuses irked chief resident magistrate Lameck Mwale, who indicated that justice should be balanced and not work one side.
Magistrate Mwale then ordered the State that the matter stands down and the arresting officer be summoned to take stand to testify in the case.
This is in a matter where Mambwe, a driver, is accused of assaulting Lubinda, and jointly charged with Patrick Mubanga, Major Chansa, Moses Mulenga and Goodson Mwange, who are businessmen, for proposing violence against Lubinda on July 12, 2019 by saying “we will beat you next time you step your foot in Kabwata market”.
When the matter came up for continued trial, State prosecutor Stuyvesant Malambo sought an adjournment as Lubinda was unable to avail himself before court.
“The State is not ready to proceed, the witness we lined up is unable to come, he is scheduled to attend to Parliament session, he is representing a Bill, and needs to prepare,” Malambo said.
Malambo was stopped by magistrate Mwale saying Parliament sessions were always in the afternoon except on Friday when sessions commence in the morning.
Magistrate Mwale asked Malambo which Bill Lubinda was expected to present, to which he responded “Bill no.10”.
He applied for adjournment as Lubinda would be available after two weeks.
In response, Malanbo said Lubinda had been advancing flimsy grounds for not availing himself before court for more than two occasions and that he considered them as lame excuses.
” Parliament does not sit on Monday, we find it unfair that the court can be subjected to such lies. The liberty of my clients is at stake, they move in the community as accused persons. The State has an option to do away with the witness who seems to be always busy and ask the witness before court to take the stand so that it can close its case,” Malando said
In his ruling, magistrate Mwale said the arresting officer should testify in the matter.
” We agreed last time that the arresting officer proceeds to testify today. We need to make progress, the witness (Lubinda) complained to the police but he is failing to prosecute his own case. I will stand down the matter for 30 minutes, let the arresting officer take stand, justice should be balanced, it should not work for one side, it should work both sides,” ordered magistrate Mwale.
When the matter resumed, the arresting officer, Lewis Mwila, testified that Lubinda had lodged a complaint at Kabwata police station indicating that he had been slapped but he could not identify who assaulted him.
He claimed that he opened a docket and the complainant led him to Kabwata market to investigate the matter and with the help of his informers and other officers, he apprehended Martin Mambwe from Kamwala market area.
The arresting officer said that when he went to the market the situation was calm.
Mwila claimed Mambwe led him near to Kamwala’s Luburma market and he apprehended Mubanga, Chansa, Mulenga, and Mwange and he took them to Kabwata police station.
He said during interrogations under warn and caution, the accused said on the material day they were in the market but did not participate in Lubinda’s slapping.
He said to be sure, he assigned another officer to conduct an identification parade and Lubinda and Dominic Nsokoshi identified the accused, alleging that Mambwe who took the second position was the one who slapped Lubinda.
Mwila added that he charged Mambwe for assault, occasioning actual bodily harm and jointly charged him with his co-accused for proposing violence.
He explained that he charged Mambwe’s co-accused with proposing violence because they were among the violent group and further alleged that Mambwe told him that his co-accused were part of the group.
The officer said the five denied the charges levelled against them voluntarily.
In cross-examination, Mwila was asked what the accused did or said that amounted to proposing violence to which he claimed that one of the accused said ‘chi Lubinda uli wa oyo’ (Lubinda you are useless).
He denied having a list of names of the people who allegedly assaulted Lubinda neither did he ask Mambwe to help him identify the said suspects.
Mwila failed to describe Lubinda’s body part that allegedly sustained body pains saying he did not witness the incident.
He confirmed that Lubinda was not pushed to the ground or tossed around by the accused
Trial continues on March 30.