HON CHILANGWA’S LAWYERS COMPLAIN… that they have limited access to their client who is remanded at Kawambwa Correctional Facility



… that they have limited access to their client who is remanded at Kawambwa Correctional Facility

Kawambwa District..
Monday 18, 2023 (SMART EAGLES)

Lawyers representing Kawambwa Central Member of Parliament Hon Nickson Chilangwa have complained before the Kawambwa Subordinate Court that they have limited access to their client who is remanded at Kawambwa Correctional Facility.

Defense Lawyer Benjamin Mwelwa informed Magistrate Martin Namushi, sitting before the Kawambwa Subordinate Court, that officers at the Correctional facility are not giving them enough time to engage their client.

Counsel Mwelwa further says even when they are allowed to meet Hon Chilangwa at the facility, they are not giving them space to discuss matters.

Counsel Mwelwa made the application today when the matter involving Pambashe Member of Parliament Hon Ronald Kaoma Chitotela, and Hon Chilangwa and five others came up for continuation of defense.

In this matter, Hon Chitotela, and Hon Chilangwa with five others are appearing in the Kawambwa Magistrate Court for arson, threatening violence, malicious damage to property, and assault cases alleged to have been committed in August 2021.

“Your Honour, We have an application to make. We have a serious concern. We have been denied the right to have access to our client who is A2 (second accused person Hon Chilangwa). And when you are allowed to see him, he is under strict observation by the officer at prison. Your worship we have a duty to represent our client and representing our client means meeting him at anytime we want to and in the absence of state agents,” he submitted.

“A2 is not a convict and we therefore seek your indulgence for the court to give an order that A2 should not be treated as a prisoner and therefore he should be visited by his legal team including all those wanting to see him. That’s our concern and we seek the indulgence of the court.”

He complained that sometimes, they wait long hours before seeing their client which is making it difficult to plan for the court appearance.

He said according to Article 18, Hon Chilangwa is entitled to be given adequate time and facilities saying the presence of state agents when they are meeting their client is worrisome.

And defense Lawyer Boniface Chiwala said the defense team should be allowed to have access to their client.

And in responding to the application, State Advocate Mwala Museta said Hon Chilangwa is indeed not a prisoner but a remandee who is remanded at a government facility and governed by law.

He said the facility has procedures, timings and duration which should be followed.

The court has since adjourned the matter to tomorrow September 19, 2023 for continuation of defense.

The defense applied that they need time this afternoon to plan for tomorrow’s court hearing as they intend to subpoena some witnesses.

Earlier, Hon Chitotela continued his defense and called two witnesses namely Lackson Mumba and Brenda Mwaba to testify in this matter.

The other five accused persons are Kalumba Chifumbe, Davy Kaniki, Chabu Chitotela, Charity Musantu and Kunda Chitotela who are being represented by defence counsels Benjamin Mwelwa and Boniface Chiwala.

The State Advocates include Counsel Mwala Museta and Counsel Wilson Mwale.


Please enter your comment!
Please enter your name here