CHISHIMBA Kambwili’s former driver George Bwalya has asked the Lusaka Magistrates’ Court to warn the former not to hinder proceedings in the matter where he (Kambwili) has dragged him to court for theft by servant involving US$160,000.
This was after Kambwili failed to testify in the matter on the pretext that he was appearing before Lusaka chief resident magistrate Lameck Mwale in a matter he is facing a charge of defamation the President for calling President Edgar Lungu a “dog” and before principal resident magistrate Mwaka Mikalile in a matter where he is facing charges of possessing property suspected to be proceeds of crime, among other charges.
Last week the State concluded prosecuting Kambwili’s defamation of the President case before magistrate Mwale and ruling on whether or not he has a case to answer has been slated for April 6.
Bwalya is among the five employees who allegedly stole dollars at Kambwili’s home in Lusaka’s Woodlands area.
He is also jointly charged with a student, Stacey Jones, a soldier, a retired and a serving police officer, who are charged with theft.
Allegations in the first count are that Jones, who is the best friend of Kambwili’s daughter Chanda, David Zimba, a retired police officer, Ian Kalunga, a police officer based at Police Force headquarters under the finger prints department and Jacob Sinadambwe between December 14 and December 27, 2020 jointly and whilst acting together with others stole US$160,000 cash belonging to Kambwili.
It is alleged in the second count that Rodney Ntanga, Esther Munyeka, Bwalya, Millan Chembe, Charles Kamutengo, between December 14 and December 27, 2020, being persons employed by Kambwili as houseboy, maid, driver, security guard and garden boy, jointly and whilst acting together stole US$160,000 cash belonging to Kambwili.
When the matter came up for commencement of trial before magistrate Nthandose Chabala, State prosecutor Samuel Zulu sought an adjournment on grounds that Kambwili was appearing before magistrate Mwale and Mikalile and that the two courts intend to conclude their cases at the Magistrates’ Court owing to their appointment as judges.
Zulu said other witnesses were equally not before court as they need to move the court to view the exhibits.
He apologised for the inconvenience caused to both the court and the defence.
In response, Bwalya’s lawyer Agrippa Malando objected to the application saying Kambwili was not appearing before the two courts as his case before magistrate Mikalile was adjourned and that he was seen leaving the court premises.
“I was in honorable Mikalile’s court and Kambwili’s matter was the first one to be called and adjourned at 09:05 hours. We find it unfair for the state to rely on a flimsy ground for an adjournment. Bwalya is presumed innocent until proven guilty by the court. This matter has so much publicity and he walks in the public whose perception is that he stole money,” Malando said.
“We understand that adjournments are at the discretion of the court. I wish to implore this court to warn the State that the complainant should not be holding the court at ransom and propose dates whenever it suits him to prosecute the case. He (Kambwili) is the one who complained, so why is he delaying to come and prosecute what he complained of?”
Jones’ lawyer also objected to the State’s application saying the reason on which it based its application was frivolous when Kambwili attended court in the morning and he was seen leaving the court premises after his case before magistrate Mikalile was adjourned.
In his reply, Zulu said it was deceiving for Malando to state that Kambwili was not appearing before magistrate Mikalile and he would not know whether the matter was adjourned or not as he sought an adjournment based on what he was told by Kambwili that he was appearing before two courts.
He added that the issue of publicity cannot sway the court to deny his application because it would be unfair.
“As I earlier indicated, the other witnesses need to move the court to the scene and not the complainant. This is how the state has lined up this matter,” said Zulu.
Magistrate Chabala adjourned the matter to April 16, 2021.