NDC leader Chishimba Kambwili has engaged former Attorney General Musa Mwenye of Messers Mwenye and Mwitwa advocates as his new lawyer in a matter where he is facing charges of forgery, uttering a false document and giving false information to a public officer.
Last January Kambwili was ditched by a team of lawyers consisting Keith Mweemba, Christopher Mundia and Gilbert Phiri.
After Mweemba and his colleagues withdrew representation as advocates for Kambwili, the latter has been engaging different lawyers at every sitting.
Some of the lawyers that Kambwili engaged are Cheelo Mwiinga, David Banda of Messrs MAK partners and now Musa Mwenye.
At the last sitting, magistrate Simusamba threatened to have Kambwili locked up in cells if he defaulted to avail himself before court yesterday.
This was after Banda sought an adjournment on grounds that the accused was unwell as he suffered from an additional medical condition in the wee hours of Thursday March 5.
And when the matter came up for opening of defence, Emmanuel Kaluba of Mwenye and Mwitwa advocates said he was standing in for State Counsel Mwenye to seek an adjournment as Kambwili engaged him on March 9 to represent him in the matter.
“Counsel in conduct of this matter is Musa Mwenye State Counsel and Mr Mwenye is attending to a trial before the High Court and is unable to attend to this matter on that basis. We are applying for a short adjournment to enable counsel in conduct of this matter to obtain further instructions and to attend to the matter in person,” said Kaluba.
In response, deputy chief State advocate Margaret Chitundu said the State’s hands were tied seeing that counsel in conduct of the matter was not before court.
“We wish to express our sentiment as a further adjournment to this matter is unfortunate. The accused was placed on his defence last year and it has not commenced to date, it is unfortunate. We understand the accused’s rights to be defended by counsel of his choice, it is in that line that we don’t object to this adjournment,” said Chitundu.
In his ruling, magistrate Simusamba said the adjournment was unfortunate as the State advocate had put it as it was a continuation of what had been a trend (seeking adjournments) by the accused since the matter commenced.
“It is unfortunate that the accused chose to engage counsel yesterday when he was aware of today’s date. I had given him a month to engage counsel after the previous ones withdrew. I will reluctantly grant the adjournment to March 20 and I warn that on that date defence should commence otherwise I will take appropriate action. It is on record that the accused has been given enough time to engage counsel,” said magistrate Simusamba.
During the court session, the NDC leader gave magistrate Simusamba a black look.
Kambwili has reported magistrate Simusamba to the Anti-Corruption Commission for attempts at extortion and commenced a legal suit for defamation against him in the Lusaka High Court for alleging that he (Kambwili) attempted to bribe him (magistrate Simusamba).