A CHOMA Magistrate Court yesterday acquitted two murder suspects charged on separate counts on grounds that the Director of Public Prosecutions (DPP) has not given instructions over their cases.
Before Magistrate Chinkashi Chilingala, were Alex Matafwali, 24, a general worker of Old Kabanana Township and Zuma Sijatwa, 30, a farmer of Malimba Village in Chief Macha’s area both of Choma District.
Particulars of the offences were that on March 31, 2013, Matafwali allegedly murdered Tilekane Phiri while Sijatwa, on December 12, 2012 was alleged to have murdered Chilala Muluti in Choma, contrary to Section 200 Cap 87 of the Laws of Zambia.
In discharging the duo, Magistrate Chilingala said he had no choice but to acquit the suspects because their fundamental freedoms were violated by the State by virtue of detaining them for a long time without a consent order to have them undergo trial.
[pullquote]“If there is no evidence the state should not jump into effecting arrests and the prisons should not be used as dumping sites,” he said[/pullquote]
He stated that the accused persons required the rights to fair trial within the reasonable timeframe but that it was violated by the state.
“If there is no evidence the state should not jump into effecting arrests and the prisons should not be used as dumping sites,” he said
Magistrate Chilingala said the state should not dump accused person in prisons who had not been found guilty of offences and that they needed to be tried within time limits.
And former Labour minister Austin Liato on Wednesday failed to take plea in a matter in which he is charged with abuse of authority because the consent order was not ready.
This is in a matter in which Liato is charged with two separate charges of abuse of authority of office contrary to the law Liato, who had been appearing in court on similar charges, had his case withdrawn two weeks ago after the director of public prosecution (DPP) entered a nolle prosequi but his freedom was short lived as he was re-arrested and slapped with the two counts of abuse of authority.
In the first count, Liato, being a Member of Parliament for Kaoma Central Constituency and Labour minister, in June 2010 facilitated the sinking of two boreholes meant for his constituency at his farm in Mwembeshi.
Liato is in the second count is alleged to have between May 14, 2010 and May 19 the same year facilitated the diversion of two hammer mills meant for the people of Kaoma District.
When the matter was called up before Principal resident magistrate Obsiter Musukwa on Wednesday for allocation and possible taking of plea, Liato was informed that he could not take plea because the consent order was not ready.
The matter comes up today for allocation and plea.
DPP your incompetence is worrying, every case thats going to court is going no where! you see, now people are not getting any justice. iwe chi president, be pro-active in dealing with issues like this, not just talking when swearing in people. i guess since the president himself is incompetent, so the offices below can be as well;;;twachula
Yah, yah,
The rootening of a fish starts from the head.
@Yoshi, there is no English like ‘rootening’, but ‘rotting’
@ray ray….walasa!DPP is obsessed with RB such that he is failing to attend to important cases! What does he expect relatives of the deceased to feel or do when justice cant be administered by failure on his part? Liato’s case is another circus! Madness is doing the same thing but expecting different results. uMutembo failed to nail FTJ and you hire to nail, you are insane to believe he will manage.
@ray ray….walasa!DPP is obsessed with RB such that he is failing to attend to important cases! What does he expect relatives of the deceased to feel or do when justice cant be administered by failure on his part? Liato’s case is another circus! Madness is doing the same thing but expecting different results. uMutembo failed to nail FTJ and you hire to nail to RB, you are insane to believe he will manage. We should b ashamed to be the only peaceful country pursuing our former Presidents. Can we have someone to restore the integrity of the former President’s office?
Leave Liato alone. Arrest Kaseba for diverting RB’s mobile hospitals to her personal use.
ZAFFICO in the house…!!!
The subordinate court has no jurisdiction to acquit a person accused of murder. All it can do is to discharge that person, and they can still be re-arrested if new evidence arises. I’m sure what you are saying is that Hon. Chilingala ‘discharged’ the accused, and not ‘acquitted’
This says a lot about the DPP!
I have a liking to this Court. Justice should prevail at all costs. The state should respect its citizen. Jo well done. Now police should also go in for facking evindence in court.
He is busy politiking
This time around they will kill a dozen, maybe even one of your own, then you will do something about it before it gets dark!
Lusaka Times, finish your article. How long did the accused stay in prison awaiting trial? What is the maximum reasonable time, Zambian citizens may benefit from this knowledge.
Mutembo Nchito l think niwafake!