Wednesday 5 September 2012

WILLIAM BANDA DENIES ASSAULTING MUVI TV CAMERAPERSON


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

No comments:

Post a Comment