By Thomas Ngala
THE defence in a matter regarding Independent Chienge Member of Parliament Given Katuta fumed at the State yesterday following its unpreparedness to proceed with trial yesterday.
In this matter, Katuta is charged with common assault.
When the matter came up yesterday, State prosecutor Michael Nondwe pleaded with the court to give him more time, saying he needed to put his house in order.
This was despite bringing a witness to court.
But defence lawyer Benjamin Mwelwa fumed, saying he was saddened by the State’s plea for more time.
Mwelwa accused the State of never being ready to prosecute the matter.
“This is almost 11[:00 hours]. We were supposed to start earlier than this. They are not ready today and it is our assumption that the state will never be ready,” he said.
Mwelwa said the prosecution should not be the one deciding when a matter takes off and when not.
“We pray that this court denies the application. The court is ready to proceed. The defence is ready to proceed. The witness is before court, and if the State is not ready, that is not the concern of the parties,” he said.
Mwelwa said if the court was of the view that it should give the State time, the State needed to close the case.
But Nondwe objected, saying he had never said that the witness he had brought was the last one.
“I said we have two more. The issue to say we have never been ready should not be entertained because we are always ready… as the record shows,” he said.
“The reason for an adjournment is to put the house in order. The witness is present but we can’t close today…,” Nondwe said.
Magistrate Irene Phiri said the prosecution did not give her the reason for an adjournment.
Phiri said she could only stand down and not adjourn the matter.
She said the court did not have time and that the prosecution needed to give an account of its witnesses.
She asked the prosecution to let the other witness testify while the one who was in court sorted his matter.
But Nondwe pleaded that there were other matters he could not talk about in an open court.
Phiri asked the court room’s public gallery to leave for the reasons to be raised in camera.
The matter was adjourned to the March 13, next month.
