Thursday, January 9, 2025

State disobeyed court order regarding detention of a key state witness

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A probe has revealed that a key state witness in the case involving Lusaka Lawyer Keith Mweemba and purported to be a forensic expert from the Zambia Information and Communications Technology Authority (ZICTA) was not detained at Lusaka Central prison but Ridgeway police.

Lovermore Cheelo a purported forensic Information Technology expert from ZICTA who was found guilty of contempt of court by Lusaka magistrate Lameck Mwale and ordered that he be detained for a day for lying under oath was not detained at Lusaka Central Prison but at Ridgeway Police post.

According to a probe conducted, Cheelo was ordered by the court to spend a night at Lusaka Central Prison, but there are no records of Cheelo’s detention.

But according to records analysed at Ridgeway Police post, Cheelo spent a night at the holding cells at the station.

The probe also revealed that Cheelo was picked from Ridgeway Police post around 06:00 hours by Anti Corruption Commission (ACC) prosecutor Macqueen Zaza and other prosecutors.

According to police sources there was a grave irregularity because suspects are only supposed to be released from holding cells between 08:00 hours and 17:00 hours, but Cheelo was released from Ridgeway Police Post at 06 hours.

As a result of this irregularity, defence lawyers applied for an inquiry to be instituted following the disobedience that was committed against a lawful court order, which required Cheelo to be detained at Lusaka Central Prison and not RidgeWay Police Post.

The state tried to object to the application by the defence, but it was argued that they could not respond from the Bar (bench for lawyers and prosecutors in Court) because they could only give evidence from the witness box where they could be cross examined.

At this point, the state argued that the inquiry could be held at a later stage in order to proceed with the main case, but the defence objected saying the inquiry could not be postponed because it had a consequence on the current proceedings.

In Magistrate Mwale’s ruling, having analysed the nature of disobedience, the court observed that there was contempt of court committed because his order had been disobeyed.

Magistrate Mwale advised that the defence could proceed to follow up the matter to have whoever disobeyed the order could be prosecuted for contempt outside court.

According to legal experts and sources within the Law Association of Zambia, there are two ways in which contempt of court can be dealt with; by summary procedure where the magistrate deals with the matter as part of the proceedings in which the contempt occurs, or by way of complaint and charge before another magistrate as for normal criminal proceedings. In one special case, there is a provision for proceedings by way of preliminary inquiry and committal to the High Court for trial.

17 COMMENTS

  1. Looks like there are a lot of irregularities in this case. Please make sure to get to the bottom of this.The law must take its course.

    • Now the state has again committed offence against the people of Zambia, aftering tell lies in court, Certificate forgery, Burying stealing a dead body and burying it secretly, now you decide to hide a criminal.
      I think we need a serious move

  2. Please bloggers can any explain what’s the meaning of sata ,because most of the northern region ‘names have meaning.
    In my own judgment,it means,deceitful,corrupt,heartless,confused and add more.

  3. And there are too many flies everywhere. we need to evacuate everyone to safe places. Zambia is no longer safe for Zambians. Panga Family (PF) a laughing stock.

  4. I think this guy works for “OP”
    If you analyse critically, you will discover that even his submissions to the court were extremely vague. His real name may not even be Cheelo as he purports. He’s probably a qualified IT specialist but he’s scared to produce his academic documents which contains his real name to the court.

    • YOUR OBSERVATIONS COULD BE CORRECT IN EVERY WAY. sHUSHUSHU HE IS AND HE MIGHT HAVE BEEN PART OPF THE TEAM OF INVESTIGATORS. THINGS HAVE GONE WRONG FOR HIM REALLY AND THATS GOOD

    • You a right he must be junior OOP officer attached to ZICTA. Thats why he was picked early in the morning. the defence lawyers know this and they just want to capitalise on the fact that he cant reveal his true identity.
      I know a number of them attached to ministry of Lands and National Registration.
      and why so much interest, up to point of finding out which cell he slept in. most of these holding cells are full, so police officers have flexibility of changing , based on availability of space. its normal, when have your relative say at Emmasdale and when you go there you are told , no, go to woodlands or matero. so on change of police post, nothing fish

  5. IT SOUNDS LIKE THE MAN DID NOT EVEN SPEND NIGHT IN A HOLDING CELL BUT THE 6HOURS WAS THE TIME HE WAS JUST CHECKING OUT FORMALLY. HE MAY HAVE SPENT A NIGHT AT HOME AND BROUGHT BACK IN THE NIGHT. THIS BOY IS A SHUSHUSHU, I DOUBT IF HE EVEN WORKS FOR ZICTA OR HE JUST HANGS AROUND ZICTA TO TESTFY IN ITS NAME.

    • Totally agree with you he must be junior OOP officer attached to ZICTA. Thats why he was picked early in the morning. the defence lawyers know this and they just want to capitalise on the fact that he cant reveal his true identity.

      But he is found at ZICTA ,IT department, slim and light skinned boy. I have dealt with him once, when ZICTA was based along Lumumba road

  6. Keith Mweemba’s case is a special one indeed and very interesting to follow. Defence Counsel’s doing well so far. Investigative research at its best…..

  7. Tell me with the aid of a labelled diagram if all people sentenced to jail really go to jail and what proof do you have.

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