Embattled opposition United Party
for National Development (UPND) member William Banda has denied having
attempted to assault MUVI Television Cameraman Lloyd Kapusa.
Mr. Banda, who appeared today
before Lusaka Magistrate Boniface Mwiinga for plea, told the court that he
fully understood the charge and chose to remain innocent.
This is in a matter in which
Banda is charged with assault occasioning bodily harm contrary to section
248 of the penal code chapter 87 of the laws of Zambia.
It is alleged that Banda on
August 22, this year did assault one Lloyd Kapusa thereby accessioning bodily
harm.
Banda was in the company of his
lawyer Martha Mushipe.
Magistrate Mwiinga has
since set September 19 for trial.
In another development, Lusaka
Magistrate Lameck Ng’ambi has for the second time rejected an application by
five opposition United Party for National Development (UPND) cadres to have
their case tried by the high court.
This is in a matter where Aaron
Pumulo, Joseph Mazonda, Lemmy Mukoba, Patrick Ntalasha and Newton Chisuntu are
charged for idling and conduct likely to cause a breach of peace.
Defence lawyers had applied to
the court after producing evidence in relation to the matter which was viewed
and adduced as part of the evidence in the matter.
In passing ruling on the
application, Magistrate Ng’ambi admitted having watched the video and seen the
newspaper cutting depicting that the accused persons were assaulted but ruled
that what is at hand now is a criminal matter.
“What is before this court is a
matter in which the accused are charged for idling and conduct likely to cause
a breach of peace and not assault. If they are aggrieved, let them sue
according to the issue of assault,” he said.
Magistrate Ng’ambi however said
the fact is that the five accused persons conducted themselves in a disorderly
manner that should not be supported at all adding that they urinated and
interrupted the public by closing the road.
He said despite the international
community and organisations being in total support of human rights, none of
them would support disorderly conducts from any section of society.
Magistrate Ng’ambi further
ordered that the matter should continue in the magistrate court adding that the
application of the defence lawyers was not vigorous and it was fictitious.
State prosecutor Samuel Zulu
suggested that the matter comes up on September 19, but Defence Lawyer Martha
Mushipe interjected saying the Defence did not agree to the suggested date as
they had an application to make.
“In any case we wish to inform
this court that we intend to appeal to the high court so we seek that the
matter before this court be stayed as we appeal,” Ms. Mushipe said.
She then told the court that the
defence team wishes to appeal for the stay on the matter because they intended
to appeal to the high court so that it can delegate on the matter on either to
be heard by magistrate or by the high court.
“Your Honour this is an
unnecessary waste of time and a deliberate derailment on the matter,”
state prosecutor Samuel Zulu argued.
Mr. Zulu also told court that the
application from the defence was just a deliberate derailment on the matter
adding that that it should not be entertained.
This prompted defence lawyer
Keith Mweemba to raise and appeal to the court to have the application granted
through.
“The state will not be allowed to
hide under the umbrella of criminal matters,” said Mr. Mweemba.
He further said the defence team
was going ahead to appeal to the high court and will further not suggest any
dates for continuation of trial.
Meanwhile, Magistrate Ng’ambi
extended the accused persons’ bonds and adjourned the matter to October 8, 9
and 11 for continuation of trial.
He reminded the defence team that
their appeal to have the matter referred to the high court was not vigorous and
was fictitious.
Particulars of the offence
are that Aaron Pumulo, Joseph Mazonda, Lemmy Mukoba, Patrick Ntalasha and
Newton Chisuntu jointly and whilst acting together with other people unknown,
conducted themselves in a manner likely to cause a breach of peace, by blocking
roads at the Junction of Lagos Road and Addis Ababa Drive in Lusaka.
ZANIS
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