THE Director of Public Prosecutions has terminated proceedings by way of nolle prosequi in a matter where Patriotic Front Lusaka youth chairman Daniel Kalembe was accused of assaulting fellow party members Innocent Kalimanshi and Nathan Phiri at the freedom statue during youth day commemorations on March 12, 2020.
Kalembe, 42, a general worker of house number 1038 Kanyama compound, was facing two counts of assault occasioning actual bodily harm.
It was alleged in the first count that Kalembe on March 12, last year whilst acting together with other persons unknown assaulted Phiri and occasioned him actual bodily farm.
In the second count, Kalembe was alleged to have assaulted Kalimanshi, a self-proclaimed PF ‘national commander’ on the same day and occasioned him actual bodily harm.
Kalembe was scheduled to commence defence on April 7, 2021 but he did not show up at the Lusaka Magistrates’ Court to defend himself against the allegations.
Sources disclosed to the media that Kalembe secretly appeared before court on March 11, 2021 and the state entered a nolle prosequi in his favor.
State prosecutor Stuyvesant Malambo told Lusaka chief resident magistrate Lameck Mwale that he was in receipt of instructions from the DPP to drop the criminal charges against Kalembe.
Magistrate Mwale told Kalembe that following the directive by the DPP to abandon the matter, proceedings against him were discontinued and that he was discharged forthwith.
During trial, Kalimanshi told the court that Kalembe was violent and that the latter brutalised him on youth day.
Kalimanshi and Phiri recounted that Kalembe, who was in the company of youths, hit them with pavers at the freedom Statue for refusing to heed to his directives when he asked them to leave the venue for youth day celebrations.
However, Joseph Kozi, a driver of Kasama member of parliament Kelvin Sampa discredited Kalimanshi and Phiri’s evidence.
He told the court that Kalembe did not assault the duo, claiming they (Kalimanshi and Phiri) were assaulted by an unknown tall man.