Africa-Press – Zambia. Hon. Emmanuel Jay Banda has appeared before the Chipata MAGISTRATES court where he went for mention and committal to the High Court..
The defense through counsel Kennedy Mambwe raised preliminary issues before the lower could proceed with the mention and committal..
In His submission, Counsel Mambwe said the matters before hand in regards to the charges of Attempted Murder and aggravated Robbery are arising from the same facts as the assault charges which were delt with in 2016 by a competent court and hence the need for a preliminary inquiry.
However the state has objected to this preliminary application stating that neither the court nor the defense have been furnished with the documents of disposition regards the matter. In short the State argues that there is nothing to show that the matters were disposed off..
In response, Defense team argued that the reason they have made this application and ask the Lower Court to have a preliminary inquiry is to establish facts regards disposition in respect of Autrefois aquit.
The court has set, Friday, 27th June for ruling on the same.
In another application, the defense applied to the court to order that Hon Jay Banda due to his health complications he developed while in custody at Chipata Central Police and confirmed by Zambia Police Medical team, be taken to a health facility in order to be attended to by competent medical personel.
However the state objected stating that the court can not rely on a mere statement without proof that indeed the Petauke MP developed a Health condition. They further submitted that the charges before court are serious charges hence the accused ought to remain in Police cells and be attended to whilst there.
The defense in response argued by saying that basically the State is agreeing with their application and that the certainty can only be done by taking the accused to a health facility. And further said the kind of charges before court are irrelevant as someone remains innocent until proven guilty.
The court granted the application by the defense and has since ordered that Hon Jay Banda be taken to Chipata Central hospital for a thorough medical examination.
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