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Chipata court warns of consequences if Jay Banda fails to appear in court on set dates

THE Chipata Magistrates’ Court yesterday objected to changing the dates for trial in a matter where suspended Eastern Province youth chairperson Emmanuel Jay Banda is charged with unlawful assembly.

Banda appeared for the mention before senior resident magistrate Boniface Mwala.

After being informed by the prosecution and the defence that they wanted to change the dates for trial from 24 and 25 September 2020 to October 1, 2020 because the accused has other matters in Lusaka, magistrate Mwala said the dates could not be changed because the Lusaka case came after the dates were already set.

He said changing the dates would affect the diary of his court as other matters would also be affected.

Magistrate Mwala warned that there would be consequences if Banda would not appear in court on the set dates.

Banda, who on September 1, 2020 went to court in a wheelchair, came with a walking stick yesterday.

The accused fell ill during his detention at Namuseche remand prison and was admitted to Chipata Central hospital for about 10 days.

Particulars of the offence are that on August 20, 2020, Banda, with intent to commit an offence or carryout some common purpose, jointly and whilst acting together with other persons unknown, did unlawfully hold a procession from Chipata’s Protea Hotel to Luangwa House thereby conducting themselves in a manner as to cause persons in the neighbourhood to reasonable fear a breach of the peace.

Banda was however granted bail in his own recognisance.

In his bail application, defence lawyer John Phiri of JMP associates said his client was of fixed aboard adding that the offence he was charged with was a misdemeanour which had an option of a fine.

” The accused person is unwell and he has just been gotten from (Chipata Central) hospital where he is currently admitted,” Phiri said.

Magistrate Mwala granted Banda bail in his own recognisance with two working sureties admitted to the sum of K20,000 each.

A horde of both plain clothes and uniformed police officers sealed off the court when Banda first appeared in court to take plea.

PF secretary general Davies Mwila suspended Banda from his position while in detention at Chipata Central Police station.

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