CROSS-EXAMINATION OF KIDST AND THE VIDEO THAT WAS PLAYED IN COURT
After the prosecutors finished leading Kidst in her testimony,, the defense lawyer, Douglas Njolomba, stood up for cross-examination.
Mr. Njolomba: Good morning Kidist.
Kidst: Good morning.
Mr. Njolomba: So, do you know who Elias is?
Kidist: No
Mr. Njolomba: Then how did you get his number and even call him if you don’t know him?
Kidist: I got his number from a mutual friend…
Mr. Njolomba: So, now you have changed your statement? You actually know Elias can you tell us which mutual friend that is by the way?
Kidist: No
Mr. Njolomba: We will get back to that later, for now, let’s proceed.
Mr. Njolomba: A video of you went viral while you were out drinking with friends?
Kidist: Yes
Mr. Njolomba: Do you remember who was in the video with you? Were men with you in the video and did any man touch you in the video?
Kidist: I can’t recall because I don’t them and no man touched me.
Mr. Njolomba: We can remind you by showing you the video….?
Kidist: Do what you want! (she responded shruggingly while looking at the Counsel)
Mr. Njolomba: Relax you are addressing the court and not me.
Kidist: I’m responding to you same one…(she said this in a trademark arrogant attitude with her eyes popped out like she is about to slap the Counsel, which made the Magistrate & Prosecutors to intervene, to save the stunned defense lawyer.)
#GUIDANCE: “Witness, he is the one asking questions but he is doing it on behalf of the court, so you respond to the court, so don’t argue with him, just answer questions as they are put to you”.
At this point, the Nsapato and co lawyers walk into courtroom like Vikings coming to rescue their queen. They came with a consent from DPP to allow them reinforce the prosecution since the Legal Aid team proved lethal in destroying the case of the International musician and his belligerent wife.
The Nsapato Lawyers showed the letter to the Magistrate who announced the development, that, they have joined the prosecution team. But Mr. Njolomba did not seem intimidated, his focus was on Kidst to fire more questions.
Mr. Njolomba: Do you know that you are married to a public figure, your lives are in public domain and if your video goes viral the public can give an opinion?
Kidist: Yes
Mr. Njolomba: Good.
So what was wrong with Elias simply giving an opinion of the video that was trending?
Kidist: He tagged my husband.
Magistrate: Counsel is the video before this court?
Lawyer: Yes Your Honour with your guidance we would like to play it before court…
State Prosecutors: Your Honor, the rules of cross-examination doesn’t allow that, we object to playing that video.
Mr. Njolomba: Which law are you citing to deny this video being played in cross examination???
Magistrate: Overrules state… video can be played.
AT THIS POINT THE VIDEO OF KIDST IN THE CLUB WHICH I HAVE ATTACHED HERE WAS PLAYED
(Due to the technological issues, the video was not played to the gallery but to Kidst, Prosecutors and the Magistrate using a laptop)
Mr. Njolomba: Is this you in the video?
Kidist: Yes
Mr. Njolomba: How many men are the video?
Kidist: I see 2
Mr. Njolomba: Who is the guy in the black shirt touching you?
Kidist: Harris the stylist – my friend.
Mr. Njolomba: Remember you are on oath….
Earlier you said you don’t know the people in that video and no man touched you are you now changing your answers?
Kidist: I think he just touched my shoulder….
Mr. Njolomba: Let’s proceed for now.
Do you know the late musician Dave?
Kidist: Yes (Kidst was visibly bewildered, it was like she had seen the ghost of late Dave)
Mr. Njolomba: Did you have an idea of whether Dave and Elias were friends?
Kidist: No
At this point Mr. Njolomba tried to show Kidist a picture from the Dave trending video where she beat him with a belt.
## My research team tells me that, somehow Kidst knows Elias through a mutual friend in the Dave video and Kidst has scores to settles, however, I will not speculate on that to avoid jeopardizing the case.
However, seeing how cooped Kidst was, the Prosecution Team started bellowing and it was objection after another to protesting Kidst in the name of relevance, while Mr. Njolomba claimed he was at sea to cross-examined as he pleased to secure justice for his client.
Defense lawyer Douglas Njolomba even went to an extent of citing a case law to back his build up and relevance of questioning.
But it was a stand-off, the Prosecutors were determined to protect Kidst from answering any further questions.
Seeing that the Magistrate was being biased in his ruling, Counsel Douglas Njolomba submitted:
“Your honor, if I am not going to be allowed to ask questions in a manner that I know, as a lawyer, then I am not serving justice and I can’t proceed with cross examination, because I believe my questions are relevant to this matter.”
Defense lawyer James steps in: There is no law to support the state to constantly object and stop us from cross examination…
The Magistrate insisted that he had guided and it is final so the defense should just ask other questions.
Defense lawyer James: Kidist do you remember that you had a conversation with Elias and told him that Harris the stylist is a homosexual and those guys in the video are his gay lovers???
Kidist: I don’t recall but yes we talked with Elias.
James: If you don’t recall we have the audio and can remind you.
##AGAIN THE OBJECTIONS STARTS AS THE PROSECUTORS REFUSE THAT THE AUDIO SHOULD NOT BE PLAYED
Surprisingly, the Magistrate also joins in to refuse that the audio be played yet, Kidst had alluded to it.
STAND OFF
At this point the lead Counsel Douglas Njolomba submits that matter be taken to the chambers and that as defense counsels they will have to consult their superiors as to whether they can continue representing Elias Musyani adequately going forward and might need to excuse themselves as his lawyers…..
The Matter was stood down for 15 minutes but the meeting in the chambers took longer than that and when they came back, the case was adjourned to 19th February, 2025.
[Chilufya Tayali]