Defense lawyer George Mtchuka Mwale has asked the court to discharge the three accused persons; Newton Kambala, Chris Chaima and Enoch Chihana.
He has told the court that what ACB is doing as regards to handling of the case portrays serious abuse of rights and lack of seriousness to prosecute the matter.
According to Mwale, the Defense team has been filing notices for ‘mention’ and ACB has not been showing seriousness to have the case return to court.
He has said the defense was not supposed to be filing the notices while the Prosecution team (ACB) just sits back.
Mwale has also told the court that the defense team was informally informed of the change of presiding Magistrate.
Initially, the case was being heard by Chief Resident Magistrate Patrick Chirwa (now High Court Judge) and is now being heard by sitting Chief Resident Magistrate Madalitso Khoswe Chimwaza.
ACB Director General Martha Chizuma, who was earlier in the case leading the Prosecution team, was not in the Court today.
Another defense lawyer Bright Theu has joined Mwale in calls for the accused to be released from court without any further action.
He says ACB has failed to prosecute the case and that this is a mockery of the rule of law.
According to Theu, ACB has shown inability and unwillingness to procure prosecution of the accused persons.
Theu says it is sad to see ACB just sitting back and relaxing on this case while the accused persons cannot do their businesses or travel freely.
Another Defense lawyer Wapona Kita has agreed with Theu, saying ACB is indeed unable to prosecute the case as seen by their lack of seriousness to have the case return to court. (Times)
