The People v Nathan Ilunga and 15 others
Application to vary bail conditions.
Magistrate: Julius Malata
Defence: Kashumba Mutti
Prosecution: Dickson Mbao
Chinsali – 18th July 2019
State Advocate Mbao informs the court that the accused were not before court though Counsel is present.The matter is coming for variation of bail conditions.
He said the State has just been served with the documents and have had no ample time to look at the arguments from the defence.
He applied that the matter be adjourned to tomorrow so that they can have ample time to go through the arguments and give a sound response.
Defence says he sympathises with the prosecution for serving the documents late due to challenges in accessing the accused as it seems prison officials are ignorant of visitation rights for Counsel.The court to also note that there was no objection to the application to be made today.
Counsel Kashumba Mutti suggested that the matter be stood down to allow the prosecution familiarise themselves with the cited authority of the law since its there is only one cited authority.
Prosecution however insist that they need ample time to respond to the heads of arguments.
As rightly indicated,the matter was adjourned to today after counsel promised to serve us with the application yesterday afternoon. it is unfortunately that we were not served yesterday and have just been served right in this court.
Prosecutor Mbao said they stand on their prayer to have the matter adjourned to tomorrow for them to respond.
Court ruling: Defence Counsel should have served the documents to the state yesterday to allow them have ample time study the arguments and make an informed position on the matter.
The matter has since been adjourned to Friday,July 19th 2019 for the hearing and determination of the application.
This is in a matter in which 16 UPND members and officials stand charged with unlawful possession of offensive weapons.
They remain at Chinsali Remand Prison until bail conditions are met.
Courtesy of UPND MEDIA TEAM