Two Intelligence Officers faces contempt of court

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Security guarding HH when he was brought to court

From left, GBM’s wife with Mutinta Hichilema the wife of UPND preaident

Two Intelligence officers in the case UPND president Hakainde Hichilema and five others are charged with treason have been summoned to court for contempt.

The officers – Arthur Shonga and Mpanzi Mbita have been summoned to court by Magistrate David Simusamba on Monday to show cause why they should not be sent to jail for contempt of court following their disregarding the court directive to return the accused’sproperties.

When the case came up on Friday, May 12, 2017, the defence lawyers applied that the two intelligence officers be cited for for contempt of court.

Below is the court update:

State advocates tells the court that the accused are all in court awaiting a ruling.

Defense lawyer Mwiimbu takes to the floor and says the team has an urgent application to make before the court, and that it will be made by defense lawyer Haimbe.

Defense lawyer Haimbe takes to the floor and says the record will show that at the last sitting of this matter that the court ordered and directed that seized properties by the Police be given back to the accused.

Defense lawyer Haimbe says to that effect a formal notification was made to the court and the court ordered that properties be given back as the IG and officers from Crime 1, namely Arthur Shonga and Mr Mpanzi Mbita were told and acknowledged the receipt of the said order.

Defense lawyer Haimbe says however, the said officers refused to release the properties without any lawful reason or excuse.

Defense lawyer Haimbe says orders of the court must be respected adding that the refusal by the said officers to release the seized properties amounts to intentional disprects of an order of the court which he says is contempt of the court in terms of section 116, (1) of the penal code of the laws of Zambia.

Defense lawyer Haimbe says in view of this development, it is the defense team’s firm application that the said officers namely: Arthur Shonga, Mpanzi Mbita be summoned before the court to show cause as to why they should be cited for contempt of court or indeed committed to prison on account of the said actions.

Defense lawyer Haimbe concludes that is their application for consideration.

Meanwhile state advocate Mwewa says the State does not disobey court orders adding that the misunderstanding that led to the properties not being released came from lack of evidence or proof of ownership from the people who were delegated to go and pick the said properties.

State advocate Mwewa says in curing the situation, the state leaves it to the court to decide on what to do.

Meanwhile defense lawyer Haimbe argues that the submissions by the State confirms that there has been a wilful refusal of the court order adding in this scenario there is no defect to be cured by the defense team. Defense lawyer Haimbe maintains in his arguments that the said officers be summoned to show cause for their actions adding that the State advocate has made an assertion that no proof of ownership was shown and that there was lack of delegation, and defense Haimbe says speaking on behalf of the accused, an order was given and that the application remains that the said officers be brought to court to explain why they should not be cited.

Defense lawyer Haimbe says it will be premature for the state advocate to say that the process of explanation can be done at the bar.

But state advocate Mwewa he is not arguing that the said officers be summoned to court adding that they should be.

And in defense lawyer Haimbe says since the state advocates have agreed that the said officers be summoned, the application for the same be granted.

Magistrate David Simusamba has ruled that he has heard the deliberations and that he has summoned the said officers be brought to court on Monday.

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5 Responses to Two Intelligence Officers faces contempt of court

  1. Actions without law base, just because am the police officer, so called law enforcers, but they are lwa breakers.

    THE BETTER WAY
    May 13, 2017 at 6:49 am
    Reply

  2. Let them face the music. That’s when they will learn. At present, there is too much impunity by the executive. How do you grab vehicles from a citizen when the same are not connected to any crime? The court makes a ruling and you refuse to comply? Nonsense.

    Saimbwende
    May 13, 2017 at 10:14 am
    Reply

  3. This is very boring

    Mwaba
    May 13, 2017 at 1:41 pm
    Reply

  4. These officers are just thieves.

    Fwebantu
    May 13, 2017 at 8:21 pm
    Reply

  5. Banagulisa kale

    Undrink the water
    May 14, 2017 at 2:22 pm
    Reply

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