LUSAMBO MAY NOT GET A FAIR TRIAL IN MAGISTRATE CHILUBA’S COURT,
….. Contemplates applying to have his matter heard by a different magistrate.
Luanshya, 23rd May. 2024
After a long battle in the practice of back and forth, the Luanshya Magistrates court presided over by one Magistrate Penistone Kalutwa Chiluba has finally granted an adjournment to the former Kabushi Member of Parliament Hon Bowman Lusambo to allow him get proper medical treatment.
Hon. Lusambo has been appearing before Magistrate Kalutwa Chiluba in the Luanshya Magistrate’s Court in a matter he is accused of assaulting a Joseph Akafumba aligned NDC official only identified as Mr Musukwa during the Roan Constituency By election in April 2019.
Hon. Lusambo who is also former Copperbelt and Lusaka Provinces Minister has so far been exonerated from the political violence that happened in the by election by the victims of the attacks who are still members of the opposition NDC.
The matter which is at defence stage has been coming up for trial in the Luanshya Court and so far, several witnesses that include the actual victims of the attack have since testified that Hon. Lusambo was nowhere near the scene of the alleged assault.
While in the accused dock on Wednesday, Hon. Lusambo took ill, his lawyer applied for an adjournment but the visibly doubtful and biased Magistrate Chiluba instead ordered that the accused person be taken to Thompson Hospital specifically and to be examined by a medical practitioner from there before he could consider granting a reasonable adjournment.
The Magistrate insisted on his orders that the accused be taken to Thompson Hospital and not any other hospital leaving Hon Lusambo and his lawyers perplexed and trying to figure out the Magistrate and the state prosecution team’s obsession with Thompson Hospital.
The former Kabushi MP and his lawyers obliged and went to Thompson Hospital where he was diagnosed with diabetes and immediately referred to Roan Antelope General Hospital where he was placed in admission and subsequently ordered to take not less than five days to rest and recover.
At this point, Hon. Lusambo’s Lawyer Joshua Njovu of John Kayuni and Partners proceeded back to the court where the Magistrate had ordered that the court reconvene at 14 Hours on the same day and that the accused should present himself if checked and found able to stand trial if not fit enough, a writen sick note should be presented to him and that the medical practitioner who issues it should be brought to court to testify to it.
Upon seeing the medical report that showed how a competent health practitioner at Roan Antelope General Hospital ordered Mr Lusambo to take minimum of five days to rest, State Prosecutor Judith Mayiya who is oftenly in the habit of harrasing media personnel following the Lusambo matter in court quickly expressed doubt and applied that the court orders Hon. Lusambo to be reexamined by Consultant Doctors at Maina Soko Northern Division in Ndola or Ndola Teaching Hospital which application was ably objected to by defence counsel Joshua Njovu.
After consideration of the report having heard the testimony of the Health Practitioner who issued it, Magistrate Chiluba whose facial expressions mostly present that of one who habors disgust and hatred for the accused person adjourned the matter from Wednesday 22nd to Monday 27th May 2024 which adjournment was argued by defence counsel as not allowing Mr Lusambo enough time to rest and recover was unjust.
It was only after a 30 plus minutes protracted battle in the magistrate’s chambers that it was agreed to have the matter adjourned to 22nd of July 2024 with orders to the defense counsel to ensure all witnesses are brought before court and the matter be concluded in five days beginning 22 of July.
Hon. Lusambo has since expressed dismay with the manner in which the Magistrate and the state prosecutor Mayiya insisted that he be attended to by health personnel only from a specific hospital when he could have been allowed to go to hospital of his choice considering he is on valid police bond.
The clear biases of the Magistrate can be seen in many ways including the way he disregards most interventions of the defense team in preference of most of the state’s interventions even when such interventions are clearly irrelevant.
Hon. Lusambo now contemplates making an application to have his matter handled by a different magistrate fearing that the current one may not give him a fair trial.
Smart Eagles
Why is it that the PF in court see their case is strong against them suddenly get sick? This is just a ploy.
Politicians are always feigning sickness to delay and frustrate trial. This is deliberately done in collusion with their defence lawyers. We need to promulgate a law that should state duration of trial. Within a month judgment should be passed so that we can decongest the courts. The burden of proof should lie on the accused to prove himself innocent. Otherwise we risk becoming an unjust society.
Even this ka smart eagles is being contemptuous to the court. The writing is clearly laced with political preference. Surely, at defence stage each accused person should be excited that matter will be concluded soon but alas, the accused politicians Fein sickness implying that they do not have solid defense.