Number 61                                                             February     2004
Suspects Appear 50 Times For Mention
By Perpetual Sichikwenkwe
Two suspects charged with aggravated robbery have appealed to Legal Resources Foundation (LRF) to intervene in a matter in which they allege to have appeared 50 times for mention in the magistrate court.
The suspects complained to LRF paralegal in charge of prison programmes, Kasamba Muyaba that since they were arrested on May 22, 2002, they have appeared in court 50 times for mention.
They alleged that each time they went to court, they were told they were appearing for mention adding that the situation was scaring them and wondered if their charge could not proceed further than mention from the time they were arrested.
The suspects Kelvin Mwawa and Martin Banda say they were arrested and charged with theft of motor vehicles on May 22, 2002.
The duo who deal in second hand motor vehicle spare parts which they sell at Mandevu Market in Lusaka said after they were arrested, they were detained at Kabanana police post for a day, and then at Emmasdale police for 28 days and were later taken to court on June 26, 2002.
They complained that since June 26, 2002 todate, they have been detained at Kamwala remand prison and each time they appeared in court they were informed that they had gone for mention.
The duo further claimed that they appeared for mention for 30 times before the first magistrate and under the current one, 20 times.
When contacted for a comment one of the Lusaka Magistrates who sought anonymity said it could be possible for the suspects to appear for mention many times.
He said one of the reasons was that when a magistrate was moved to another place, the newly allocated magistrate normally would want to hear the case all over again.
" Normally what happens madam is that when for instance I am moved to a different court, I would want to hear the cases from the beginning so that I know exactly what happened. In many circumstances, the suspect will have to appear for mention more than once". He said.
The magistrate added that the other reason was that suspects were not always tried when they went to court due to either a shortage of magistrates or lack of witnesses.
Latest information received at the time of press revealed that the duo has since been released because the complainant no longer seem to be interested in the matter. The duo can however be re-arrested whenever the complainant decides to reopen the case .
And another man of George Compound has complained that he always ends up in court cells each time he went to court for trial.
Ben Mutumwa was co-charged with Joseph Mwila for breaking into the Kenneth Kaunda building along Cairo road but Mwila was later given a two years suspended sentence because he pleaded guilty.
Mutumwa told Muyaba that every time he went to court for trial his name did not appear on the cause list.
But Magistrate Njapau's prosecutor when contacted over the matter said Mwila always ended up in court cells because his case record got lost.