LUSAKA magistrate Felix Kaoma has threatened to dismiss the matter in which PF cadre Innocent Kalimanshi and three others are facing charges of trespass and assault, if the state does not avail its witnesses at the next sitting.
This was after the prosecution team informed him that PF secretary general Davies Mwila and other witnesses are dragging their feet to testify in the matter.
Kalimanshi, who is the leader of a rebellious group of PF cadres known as ‘Americans’, and three of his followers are in court over the intraparty violence which characterised the party secretariat on May 1, 2021 the day Chishimba Kambwili’s return to the PF.
Kalimanshi 40, a businessman, of house no. D50 Salama Park, is jointly charged with Donald Kampamba 46, a businessman of Kabanana, James Sakala 43, a politician of house no. 2150 Matero and Samuel Kabalambwe 42, a businessman of plot 17/7 Chawama for criminal trespass.
Allegations in the first count are that Kalimanshi, Kampamba, Sakala and Kabalambwe on May 1, 2021 whilst acting together entered the Patriotic Front secretariat with intent to annoy.
In the second and third counts, Kalimanshi is on the same date alleged to have assaulted Theresa Sampa and Hellen Mwansa and occasioned them actual bodily harm.
When the matter came up for continued trial, Peter Imanga indicated that the case record was with the chief resident magistrate Dominic Makalichi.
He further sought an adjournment on reasons that Mwila and Kalimanshi’s assault victims were not before court.
“We have challenges with our witness Davis Mwila and some witnesses are not here,” Imanga said.
In his ruling magistrate Kaoma directed that “can you put your house in order, if they (witnesses) won’t be here at the next sitting the case will be dismissed.”
The matter comes up on October 13.