THE state yesterday failed to explain the custodian of Chishimba Kambwili’s motor vehicle which was impounded by RTSA in August this year.
Applying to adjourn the matter where Kambwili, the Roan member of parliament, is in court for three traffic offences, Peter Mulyata told magistrate Brian Simachela today that he needed time to respond to issues relating to the custodian of a Jaguar, registration number CK 900.
The application came after a witness, Joseph Mumba, testified that he was the custodian of the said vehicle yet the first witness in this case also claimed to be the custodian.
The vehicle is now parked at the Magistrates’ Court complex.
Defence lawyer Keith Mweemba earlier raised concern on who the actual custodian of the motor vehicle was.
He also objected to the application to adjourn the matter, contending that justice would be delayed if an adjournment was allowed.
“This is a fast track court, the learned PP (prosecutor) surely cannot fail to respond to these issues. Justice delayed is justice denied. My client is a businessman who should be doing business by now. We object to the application to adjourn,”
And ruling on the application, magistrate Simachela agreed that the time factor was important in a fast track court.
He, however, said he used his judicial discretion and allowed the said motor vehicle to be admitted into evidence and trial continued.
In cross examination, the witness, who is principal registration officer at RTSA, said he did not have evidence that Kambwili allowed another person (Chileshe) to drive the said vehicle.
Earlier, another witness, Clever Zulu, told the court that on August 13, he was phoned by fellow officers to verify the existence of a vehicle registration number CK900.
Zulu, a public relations and customer care officer at RTSA, said after checking in the system, he did not find the registration.
Magistrate Simachela is expected to deliver ruling on November 8.
Kambwili , who appeared jovial, was charged with three traffic offences.