Executive Director for Change or Die Zambia, Father Frank Bwalya has pleaded not guilty to the charge of conduct likely to cause breach of peace and has since been granted bail.
Father Bwalya, 41, of 4843 Alma lick street, Riverside in Kitwe appeared today before Chief Principal Resident magistrate Mercy Makubelo.
The Priest who was clad in a red t-shirt and red bottom truck suite was represented by three defense councils, Richard Mandona, Leonard Kasuba and Terence Mwape Chabu while the state was represented by Martin Shula.
In granting bail Magistrate Mukubelo told the accused not to interfere with witnesses in the case and also told the defense to tell Fr Bwalya’s sympathisers to reduce noise during court proceedings.
She warned that the court may sign an order to re-arrest the accused if the supporters continued making noise at the court.
The court granted Fr Bwalya bail of K100, 000 on his own reconnaissance and with two working sureties.
The State earlier made no objection in Fr Bwalya being given bail but urged the court to caution him against interfering with witnesses and that he should not move out of Kitwe.
The State also feared that the accused may continue with his activities while on bail if the bail was granted without caution.
Facts of the offence are that Fr Bwalya on March 12, publicly conducted himself in a manner that was likely to cause breach of peace at city square in Kitwe contrary to section 1789 (f) of the penal code chapter 87 of the laws of Zambia.
But defense lawyers asked the court to squash the charge against Fr Bwalya urging that it lacked sufficient particulars of where the offence took place and was not specific with what manner constituted the conduct of a person likely to cause breach of peace.
The State however said the particulars were adequate and there was no need to amend the charge before the court.
Magistrate Makubelo said she agreed with the defense to have the charge amended and include at ‘city square’ as the particular place where the offence occurred.
Earlier the charge read that Fr Bwalya was charged with conduct likely to cause breach of peace in Kitwe on March 12 contrary to section 178 of the penal code chapter 87 of the laws of Zambia.
Magistrate Makubelo set March 31 as trial date.
Among the sympathizers’ who attended the court session were former Minister of defense George Mpombo, Roan Member of Parliament Chishimba Kambwili and his Nkana constituency counterparty Mwenya Musenge.
Fr Bwalya was arrested last Friday by police in Kitwe for allegedly distributing red cards during the youth day celebrations at city square in Kitwe.
ZANIS