LUMEZI parliamentarian Munir Zulu will continue to be in detention following a magistrate’s decision to revoke his police bond for absconding court.
His surety, Milenge Member of Parliament Gystave Chonde, has also been ordered to pay K100, 000 for his failure to ensure that the accused, Mr Zulu, appears in court when needed.
This is in a case Mr Zulu is charged with libel after he accused Minister of Finance Situmbeko Musokotwane and his Infrastructure and Urban Development counter Charles Milupi recieved bribes.
But on June 27 when the case was called, Mr Zulu was not in court forcing Lusaka chief resident magistrate Davies Chibwili to issue a bench warrant against the outspoken legislator.
This morning, Mr Zulu, who looked tensedup was brought before magistrate Chibwili for return of bench warrant.
His lawyer Jonas Zimba explained that the day his client missed court on June 27, the accused was within the court grounds outside court six.
Mr Zimba said by the time the accused appeared before his (magistrate Chibwili) court, the bench warrant had already been issued against his client.
“This court will recall that the bench warrant in issued was issued on June 27, 2023.On the same date, we had appeared before this court after we have retreated from court six where we had gone to attend to a matter involving the case of the People verses Given Lubinda,” Mr Zimba said before asking that his client be allowed to also explain.
In his explanation, Mr Zulu said on the material day, he was outside courtroom six waiting for his lawyers who were attending to another case.
“Unfortunately, we were late(to come to this court). Bench warrant had already been issued. The lawyers had not given me instructions that i should appear. I apologize your honour. I plead that you may give me a benefit of doubt,” he said.
Mr Zimba also apologized and asked that the court should discharge (cancel) the bench warrant issued against his client.
“May this court exercise its discretion in favour of discharging the said beach warrant and grant the accused person a benefit of doubt. That is our humble prayer,” he said.
But a state prosecutor argued that one of the lawyers should have gone to court to represent their client for the case which was coming up for mention.
The prosecution also noted that not even Mr Zulu’s sureties were before court that day to explain where the accused was.
“The absence of the whole defence team is a clear decision to stay away,” the prospector said.
The court also ordered Mr Chonde to explain why his colleague had missed the court session on June 27.
Mr Chonde, who was at pains to explain, said he was on parliamentary duties during the period and it was difficult for him to coordinate his presence.
In his ruling, magistrate Chibwili, who expressed disappointed with Mr Zulu’s conduct considering that it was not the first time he missed court, found the lawmaker guilty of contempt of court.
In mitigation, the lawyer pleaded with the court to be lenient and impose a fine on the accused who was remorseful for his actions.
“We plead that the court considers imposition of a fine and the accused promises not to repeat the offending conduct through the subsistence of these proceedings or any other proceedings. One again, the accused is sorry,” Mr Zimba said
Magistrate Chibwili fined Mr Zulu K200, or one month imprisonment if he fails to pay the fine and further revoked his police bond and ordered that he continues to be detained.
The court also ordered Mr Chonde to forfeit the K100, 000 he signed for as a surety,failure to which bailiffs will pounce on him.
Zimba immediately applied for bail pending trial but the court said he would only make a ruling on the bail application next Monday.
The distressed looking Mr Zulu was later led to the holding cell as his wife looked on. *10*
(Mwebantu, Friday, 7th July, 2023)
