….. Kawambwa Subordinate Court hears how a UPND member allegedly threatened a head teacher who testified in the Chitotela case
The Kawambwa Subordinate Court this afternoon heard how a member of the UPND has allegedly threatened a head teacher who came to testify before the court yesterday in the case involving Pambashe Member of Parliament Hon Ronald Kaoma Chitotela and his Kawambwa Central counterpart Hon Nickson Chilangwa and five others.
Defense Lawyer Boniface Chiwala informed the court of how they received information from one of the head teachers who came yesterday to testify in the matter that he was allegedly threatened by a Mr. Mwenya said to be a UPND member.
Counsel Chiwala submitted before the court in an application that according to the laws, a witness should not be interfered before, during and after testifying in court.
When the matter came up for continuation of defense, Counsel Chiwala said it is a very serious offense to interfere with the administration of justice.
“Your honor, I did hint to this honorable court in chambers over the complaints we received from one of our witnesses who is a head teacher. The complaint is to the effect that last night he was threatened by a Mr Mwenya a member of the UPND. Your honor it is a very serious offense to interfere with the administration of justice,” he said.
“Your Honor, this court must take serious apprehension against this Mr Mwenya. Our witness was told that he is too courageous as he started testifying amongst the head teachers. Your honor, we have instructions to start with contempt proceedings against Mr Mwenya.”
In the second application, Counsel Chiwala submitted that the first accused person Hon Chitotela be excused from the court proceedings tomorrow the 21st September, 2023 as he would be attending to a tribunal in Lusaka at 8:30hrs.
“The second one (application) Your Honor, is that A1 (Hon Chitotela) is appearing before the tribunal tomorrow. We seek your indulgence to be allowed to travel today to Lusaka. We are ready to proceed in his absence as we have exhausted his witnesses. We feel there is no injustice suffered since counsel will be present,” he said.
And in responding to the defense’s applications, State Advocate Mwala Museta said the State has no objection to the second application to excuse Hon Chitotela from court appearance.
He said on the first application of threatening a witness, the State would leave the matter to the court to decide.
And in delivering his ruling, Magistrate Martin Namushi, advised the said head teacher to report the matter to the police.
He said the said alleged threats were not made in the face of the court.
In the second application, Magistrate Namushi declined to grant Hon Chitotela permission to travel to Lusaka saying the defense did not give sufficient details on the said ‘tribunal’.
He said Hon Chitotela is jointly charged with other six accused persons.
Meanwhile, witnesses took turns to testify before the court on the happenings on the voting day in August, 2021.
One witness Evans Mulenga, testified before the court how he was hit in the head using a machete by those he said were UPND caders and ended up waking up at Kawambwa District Hospital.
And Francis Mwenya, a 30 year old peasant farmer from Poosa area at Kamfwanka village said his colleague was attacked by UPND caders while at his house as they were preparing to go and cast their vote.
“On 12th August, 2021, I was at home around 12 to 13hrs. We received a group of people that came at my house as we were eating with Evans Mulenga. When I went inside my room to get a voters card and NRC to go and vote, I heard a CRY for help from my wife and children as they cried “Help, Help”! that’s when I went to see why they were screeming and I found a group of people. I didn’t know them, they were many about 17 but I recognized one Anorld Mutangala because he stays in our neighborhood. That’s when a lot of people came and reached my house by that time those strangers had left,” he told the court.
“Me and Evans Mulenga were beaten. They took us to Poosa clinic. They had weapons such as metal bar, machete others had sticks. We received a vehicle for police and they had arrested about five people and that’s how we were brought to Kawambwa. Evans Mulenga was badly beaten to the point of death. We were admitted in the hospital and issued with medical reports. Thereafter we came here to identify the people who beat us. That’s how we testified before the court. If they can be brought before the court I can recognize them. I don’t know their names because they don’t stay in our village.”
He said the five who were arrested and tried before the court were sentenced to two years for assault.
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.
The other five accused persons are Kalumba Chifumbe, Davy Kaniki, Chabu Chitotela, Charity Musantu and Kunda Chitotela who are being represented by lawyers Benjamin Mwelwa and Boniface Chiwala.
The State Advocates include Counsel Mwala Museta and Counsel Wilson Mwale.