State enters nolle in Ng’ambi assault case

CHIFUBU PF member of parliament Frank Ng’ambi’s wife has refused to continue testifying against him.

In this case, Ng’ambi was charged with acts intended to cause grievous harm, with intent to maim, disfigure or disable his wife Agness.

In July this year, the Ndola Magistrates’ Court committed Ng’ambi to the High Court for trial.

Before Ndola High Court judge Yvonne Chembe in September, Ng’ambi pleaded not guilty.

“I understand the charge. I plead not guilty,” said Ng’ambi who is represented by three lawyers.

Judge Chembe adjourned the matter to September 17, 2019 for possible commencement of trial.

On September 17, Agness testified how she was beaten by her husband.

The matter was then adjourned to December 3, for continuation of trial.

When the matter came up on Tuesday, the state informed the court that Agness was unwilling to continue with her testimony against her husband.

“The witness is not before court and the matter was coming up for continuation of trial. However, the victim in this matter Agness Mubanga Ng’ambi has indicated to the state that she does not wish to testify against her husband who is the accused in this matter, as they have reconciled. To that effect the victim has written a letter to the state dated 30 September 2019, where she has indicated that she had reconciled and does not want to continue with the matter,” the state submitted. “The State has made a number of attempts to talk to the victim unfortunately she has insisted and made a stance not to testify against him. Having being our star witness, it makes it difficult for the prosecution to proceed with the matter. In addition, it is our humble application that the letter written to our office be made as a part of the record. Therefore, in view of these circumstances, the state wishes to discontinue proceedings against the accused by way of entering a nolle prosequi.”

Judge Chembe then told Ng’ambi that the matter is discontinued.

“The prosecution has discontinued the matter by way of a nolle prosequi against you. But note that a nolle is not an acquittal. Once there is other evidence or the victim decides to come to court, you will be charged on the same charges. You can go now,” said Judge Chembe.

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