——The case in which five United Party for National Development (UPND) cadres in Kaputa are charged with assaulting a Patriotic Front (PF) cadre has failed to take place as
the lawyer representing the five did not show up.
The five, who appeared for commencement of trial yesterday before Kaputa Magistrate, Victor Mukupa, requested for an adjournment of the case as their lawyer from Lusaka did not show up, saying he has bereavement.
But Magistrate Mukupa said the lawyer of the five cadres has not filed a notice of appointment before the court as required by law to indicate that he will represent the five.
Magistrate Mukupa, who reluctantly allowed for the adjournment of the matter, warned that he will not entertain calls for the adjournment of the case next time.
He said there was no proof that the lawyer has agreed to represent the five as he has not indicated either by writing or by word as required by law.
The magistrate, who adjourned the matter to August 18, 2014, explained that he will continue with the case should the lawyer fail to come on the said date.
The five UPND cadres – Chilekwa Mpundu, Mubanga Chipampe , Harold Chansa , Davis Makungu , and Dowson Chansa – have been jointly charged with assaulting Adam Mukoyo, a PF cadre on April 11, 2014.
The case has been adjourned to of August 18 for commencement of trial but the five are expected to appear for mention next week.
Another case where Mukoyo is charged with PF Political Secretary, Boyd Chomba for conduct likely to cause the breach of peace has also failed to takeoff as prosecutors from Kaputa have handed over
the case to Mansa.
The prosecutor from Zambia Police in Kaputa, who requested for time, said the case will now be handled by prosecutors from Mansa.
Magistrate Mukupa has since adjourned the case to next week for commencement of trail.
Mukoyo who is alleged to have been assaulted by the UPND cadres has been charged with PF District Political Secretary for conduct likely to cause breach of peace.
The two are believed to have committed the case on April 11, the day he was alleged to have been assaulted.
Meanwhile, Magistrate Mukupa has refused a woman from withdrawing a Gender Based Violence (GBV) case where she was alleged to have been beaten by her husband.
Maggie Kwesha, who had earlier reported her husband for GBV, had come to the court to have the case discontinued, saying she is convinced that her husband has learnt a lesson.
But Magistrate Mukupa said the case cannot be discontinued as her husband, Reuben Mukanta, has denied the charge saying withdrawing the case would suggest that the man is guilty.
He argued that since Mukanta has denied the charge he is innocent and the case has to continue so that he is proved innocent or otherwise.
He said Kwesha’s statement that she has forgiven him and believe he has repented is contemptuous and indicates that Mukanta is guilty.
He has since adjourned the case and put Mukanta on trial.