LUSAKA magistrate Alice Walusiku has directed the state to make a necessary application in a matter where Lusaka Province UPND chairman Obvious Mwaliteta and his co-accused James Sichomba are facing a charge of being found in possession of offensive weapons.
This comes after the Lusaka High Court threw out an application by the state to change the venue where the matter should be tried.
State prosecutor Christopher Nyambe made an application to have the case sent back to the chief resident magistrate Lameck Mwale for re-allocation so that it can be determined by another court.
“Our application is to have the matter tried in another jurisdiction, as there was an application in the High Court to have the matter tried in Lusaka but the application was not granted. So the matter should be sent to the chief resident magistrate for reallocation to Kafue where the offence occurred,” he said.
However, Nyambe’s application prompted the court to question why the matter should be sent to the chief resident magistrate for re-allocation inspite of the High Court’s recent ruling.
Counsel for the accused Zevyanji Sinkala said the case is a proper matter to be dealt with in Kafue.
“There was no reason sufficient for the High Court judge to change the venue. According to their application for an order to change venue they alleged that it is for security reasons. The court has no jurisdiction because the incident happened in Kafue and this is a proper case to be dealt with,” said Sinkala.
Magistrate Walusiku then adjournment the matter to enable the state to make a necessary application.
“Since there is a ruling by the High Court, I am inclined to go with the ruling by the High Court. The state is supposed to tell the court what it will do and not to send the case to the (CRM) for re-allocation ” she said.
Allegations of the matter are that Mwaliteta and Sichomba had in their possession offensive weapons or materials namely; two improvised machetes, a metal hoe, one wooden pick handle, two stones and a knife, without lawful excuse.
The case has since been adjourned to May 9.