Simusamba adjourns HH’s treason case to Friday, laptop can’t switch on
Lusaka Magistrate David Simusamba has again adjourned the keenly followed case where main opposition Hakainde Hichilema and five of his workers are charged with treason.
After hearing to two submission made by the defence lawyers Wednesday morning, Magistrate Simusamba adjourned the matter without giving reasons in the court.
But a source who earlier was in the chambers says Magistrate Simusamba told both the defense team lawyers and state advocates that his laptop had failed to “start” adding that this is where the ruling was.
He said that he was therefore going to adjourn the matter to Friday because his IT technician needed to work on the laptop and retrieve the ruling.
But defense lawyers argued in the chambers that such an excuse was too lame hence maintaining that the ruling be delivered.
Magistrate Simusamba later called the court to order and adjourned the matter to Friday for a ruling.
Below is the update from court:
Magistrate says he is ready to address the court.
And defense lawyer Vincent Malambo takes to the floor and says the team has two issues to raise: one visitations rights which include friends and relatives of HH at prison and the other being the perennial conduct by police at the courts.
He says defense lawyers have had difficulties to come to court because of the police behavior and says one nasty example is that of two young lawyers coming for HH court hearing this morning were detained and taken to Kabwata police station.
He says defense lawyers have been stopped by police from entering the court premises in their vehicles but made to park by road sides. He says the police are unlikely to protect the vehicles of lawyers outside in case of any fracas around the court.
He says it is not that there is no space at the courts.
Defense lawyer Malambo says the concept of open court is legal and symbolic and that justice must be made in full view of the public eye. He says when police prevent friends, relatives and members of the public from coming to court and follow proceedings, then justice has not been done.
Defense lawyer Malambo says defense team lawyers has a duty and state advocates have a duty too, and says what risk does a young lawyer deserve to be mistreated by police when she is part of the defense team.
He says those in charge of people’s lives, the police should explain why they are doing such to the defense lawyers and public. He says this is not the first time this is being raised because even Magistrate Malumani directed that they should stop.
ON VISITATIONS TO HH.
defense lawyer Malambo says HH and the co-accused have relatives and friends and parents who have been getting blocked from visiting.
He says prisoners can’t be denied visitation rights unless that prisoner has abused those rights adding that prisons have days of visitations and any person who wishes to visit can do so on a prescribed day and see the condition of their friend, relatives.
He says Lawyers have rights to visit HH within working hours of the day and that the rights of lawyers must be allowed to be enjoyed.
Defense lawyer Malambo says however, HH in the treason charge has a number of lawyers to visit him but that there are also lawyers who are representing him in various cases such as petition and must be allowed access.
Defense lawyer Vincent Malambo pleads that the court must allow friends, relatives, and lawyers not sitting on the TREASON charge to be visiting HH during the right and lawful prescribed hours.
He submits that the court has power to give directions on how HH who is in his custody should be treated and urges that HH be heard.
Magistrate David Simusamba has since called the Defense lawyers, State advocates and police to the Chambers.
He has since adjourned the actual treason hearing to Friday, this week.