Africa-Press – Zambia. AFTER spending days in detention following his arrest on warrant for failure to ensure that his older brother appears in court, popular Mpali actor Shazzy Phiri, alias Hambe Nguzu, can now go back on set.
This was after the Lusaka Magistrate’s Court released him from detention and ordered that he stops representing his brother, Costa,28, as a surety because he failed to discharge the function. Hambe was set freed alongside his younger brother, Steven, who was also a surety in the matter.
“The best I can do to for you is to discharge you from being sureties. Don’t you sign police bond if you dont understand the conditions. I forthwith discharge you,” the magistrate said as the two brothers swiftly left the courtroom.
Outside court, the actor’s relatives covered his head while avoiding a horde of journalists who wanted to capture the freed celebrity. They swiftly guarded him and walked him to the car park where he hastily boarded a vehicle.
Earlier, the court heard that Shazzy and Steven signed police bond for their older brother Costa who is accused obtaining over K20, 000 on pretext that he had roofing sheets for sale when infact not.
But after the bond was signed and Costa was released from police custody, the accused never attended court sessions for more than five times. Shazzy and Steven never went to court to explain their older brother’s absence at court.
This prompted the prosecution team to apply for issuance of a bench warrant against the accused person and the two sureties. After months of searching for the accused, police later managed to apprehend him at his brothers who signed for his police bond.
When the case came up for return of bench warrant this morning, the crest falled Shazzy and his two brothers were in the dock. The magistrate first detailed how the accused was arrested in Mayb last year and granted police bond.
The magistrate also stated the several dates when he was forced to adjourn the case after the accused failed to appeard before him. “You have heard the times I had to wait for you(Costa),” the magistrate said.
When asked to justify why he never attended court, Costa claimed that he was not certain about the dates and that he had also travelled to Chipata. The accused also told the court that he twice went to court but his case was not called.
“You should have gone straight to the clerk of court to find out,” the magistrate said. Steven and Shazzy were also asked to explain why thet failed to perform their duties as sureties by ensuring that the accused appears in court.
In his defence, Shazzy stated that he had contacted the accused who informed him that he had been coming to court. The 27 year-old said owing to his busy work schedule, he could not update the court on Costa’s absence.
“Your work shedule was more important than coming to court,” the magistrate asked.
Steven, 26, also had challenges to justify why he failed to ensure that the accused appears in court. “He(Costa) used to assure us that he going to court,” Steven said.
He also told the court that Steven went to Chipata to look for money and that K2, 000 was paid towards the K22, 500 the accused got from the complainant in connection with the court case.
But the magistrate said the sureties had clearly failed to perform their duties and that the accused falsely assured them that he was attending court when infact not.
The magistrate said he would be lenient to the sureties by discharging them from being the accused’s surety. “You can go,” the magistrate told the duo.
He then readout the charge to Costa who pleaded guilty to obtaining the K24, 500 by false pretenses. The case will resume on January 9 for reading of written facts and sentencing.
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