HON CHITOTELA, CHILANGWA CASE ADJOURNED TO SEPTEMBER
…. as the Kawambwa Central lawmaker remains in custody
Kawambwa… Friday July 21, 2023 (SMART EAGLES)
The Kawambwa Subordinate Court has adjourned it’s proceedings in the case involving Pambashe Member of Parliament Hon. Ronald Chitotela, MP and his Kawambwa Central counterpart Hon Nickson Chilangwa and five others to September 18th, 2023 for continuation of defense.
The court has also set 3rd August, 2023, 17th August, 2023, 31st August 2023 and 15th September, 2023 as dates for mentions for other accused persons excluding Pambashe Member of Parliament Hon Chitotela and Kunda Chitotela who are not residents of Kawambwa.
And Hon Chilangwa has remained in custody at Kawambwa Correctional Facility.
Luanshya Magistrate Martin Namushi, sitting in the Kawambwa Subordinate Court has since adjourned the matter to September 18th, 2023 for continuation of defense after the defense through Counsel Benjamin Mwelwa made an application for adjournment.
When the matter came up for continuation of defense today, State Advocate Mwala Museta informed the court that the court will resume sitting from 18th September, 2023 to 27th September, 2023 for continuation of defense.
“We have agreed on the dates by all parties totalling eight days and all parties will be available. We have agreed to sit from 18th September 2023 to 27th September, 2023,” he said.
He added that for purposes of the other accused persons Hon Chilangwa, Kawambwa Council Chairperson Kalumba Chifumbe, Davy Kaniki, Charity Musanto and Chabu Chitotela they will appear for mentions on the dates provided excluding Hon Chitotela and Kunda Chitotela who are not residents of Kawambwa.
Earlier in the morning, the court moved to sites of interests in Pambashe Constituency starting with Kanengo Secondary school before proceeding to Chibote secondary school which is about 22 kilometers from the main road.
In the afternoon, the court resumed it’s sitting with the first accused person Hon Chitotela continuing his defense as led by Counsel Mwelwa.
In his continuation of defense, the former Minister of Tourism and Arts informed the court that he had evidence in form of auto phone call recording conversations as well as a video which was recorded by his co-accused Kunda Chitotela at Kawambwa District Hospital on 6th January, 2023.
The two audio recordings were then played before the court involving a Mr. Steven Chikota who Hon Chitotela said is the UPND Deputy National Youth Chairperson in charge of administration saying that is how he introduced himself when he called him on phone.
“Your Honor, as I stated that on 16th September 2021, I did receive a telephone call from a person who identified himself as a UPND National Youth Chairperson Steven Chikota who said that he was in charge of administration. There are two conversation one was on 16th September 2021 and the second on18th October, 2021. Your honour the phone used to auto record was a Samsung Note 9 which is my phone. Your honour, and because for the safety of custody I did transfer that recording to my laptop. Before that, my phone is secured it has my password or my eyes are open for it to open. The laptop is sucured with my personal password and it has a very strong anti-virus which is still valid,” he narrated before the fully packed courtroom.
“I have transfered this into a flash disk which is a silver in color, it has a round key holder used to hold the stick. The flash disk has three items the third is a video am yet to talk about it your honour. I want to render this flash disk as part of my evidence.”
He said in the phone call conversation, Mr. Chikota indicated that the police can identify the people involved in the arson case as the police were there at the crime scene but that they may just be jailed hence the need for him in the company of Hon Chilangwa who are elected leaders to meet him and see how the burnt Mahindra vehicle can be replaced.
Meanwhile, the video of a Mr. John Lukwesa, a state witness could not be played before the court.
Earlier, Hon Chitotela narrated before the court how his lawyers contacted him that the police were looking for him.
He said in the company of his lawyers, he went to Police headquarters in Lusaka where the police recorded a first warn and caution statement from him.
“Your honour as I stated, on 26th October 2021, I appeared before Zambia Police headquarters (in Lusaka) in the company of my lawyers. A warn and caution statement was administered in relation to the case of arson by Detective Chief Inspector Makukwanu. He (Mr. Makukwanu) did ask me if I had guns with me in form of pistols I confirmed your honor that yes I have two pistols. He requested me that the following day I should take them to headquarters (police headquarters). That is the day I was to appear with my brother Hon Chilangwa. As I stated earlier your honor, the warn and caution statement was recorded in relation to arson involving a Mahindra Bolero vehicle. And Dective Chief Inspector did issue a certificate of ceizure of goods,” he said.
“I was given a carbon copy it has a Zambia logo, it has my names your honor the names (Ronald Kaoma Chitotela) and types of the pistols, my signature and the signature of the ceizing officer Mr Makukwanu. The original copy was left with the dealing officer together with ceized goods. I want to render this document as part of my evidence your honor. After my guns were ceized, I was asked to wait outside because the officer was now dealing with Hon Chilangwa. After sometime of waiting outside the police headquarters your honour, I was called back in the same interview room and the police indicated that we will proceed to Luapula. We shall communicate to you through your lawyers but for now you can go.”
He further narrated before the court that on 13th December, 2021, he received a phone call from the Deputy Director of Investigations at Zambia Police Service who he identified as a Mr Timba that his guns were certified that they have never being fired before in Zambia.
He then proceeded to produce a dublicate document of handover before the court administered by Mr. Timba which he also laid before the court that he intended to use it as part of his evidence.
In this matter, it is alleged that on August 12, 2021, the two lawmakers and five others while acting together assaulted four UPND members, damaged the windscreen of the Mahindra Bolero motor vehicle valued at K400, 000 a property of the UPND before allegedly setting it ablaze and further threatened violence.
The accused persons are being represented by Counsels Benjamin Mwelwa, Jonas Zimba, Boniface Chiwala and Kampamba Kombe.
State Advocates include Mwala Museta and Wilson Mwale.