The Itezhi tezhi magistrates court has today discharged United Party for National Development (UPND) cadre Jacob Mubambo in a case in which he was charged with conduct likely to breach peace.
Mr. Jacob Mubambo, who is aspiring UPND candidate for Itezhi Tezhi constituency seat in 2016 elections was alleged to have conducted himself in a manner that was likely to breach peace during the agricultural Block show in Mbila area in Itezhi tezhi.
The prosecution applied for the substitution of the indictment in line with section 213 of Criminal laws of Zambia.
The court admitted the prosecution’s application arguing that the prosecution had a right to substitute an indictment at any stage of the case before judgment was delivered.
However, the lawyer representing Mubambo from K.A.S Chunga argued that the substituted charge was defective and that his client was not obliged to make a plea to a defective charge.
At this stage Magistrates Munalula Mubita considered and compared the old and new charges and later ruled that the new indictment had no particulars of the offence, therefore it was defective in nature.
“When a charge is prepared the particulars of the offence should be clearly written so that the charge was not defective but in this case the Lawyer is right that the charge is defective in nature and therefore the accused cannot take plea on such a charge” Magistrates Mubita said.
Magistrates Munalula Mubita then discharged Jacob Mubambo and ordered him to stand down from accused box.
Meanwhile, prior to the commencement of the court, UPND cadres clashed with some Patriotic Front cadres who were found at the court premises.
Some cadres came all the way from Lusaka and Choma and almost exchanged punches at court premises but quick action by Police saved the situation from deteriorating.