PF MP’s Kapata, Phiri’s ‘honking’ case fails to take off

PF MP’s Kapata, Phiri’s ‘honking’ case fails to take off
Written by Mwala Kalaluka
Monday, October 05, 2009 8:47:18 PM

POLICE officers yesterday struggled to convince two opposition PF parliamentarians to return to the police cells after their case failed to take off due to the absence of a docket.

The case in which Munali member of parliament Mumbi Phiri and her Mandevu counterpart Jean Kapata, who were arrested for ‘honking’ against former president Frederick Chiluba’s acquittal last Friday, could not be entertained by chief resident magistrate Charles Kafunda because there was no charge before his court.

Phiri and Kapata arrived at the court complex slightly before 09:30 hours, dressed in black in the company of a female police officer.

Phiri said they had just been discharged from the University Teaching Hospital (UTH) where they had been admitted for high blood pressure.

Upon entering magistrate Kafunda’s courtroom, the two parliamentarians headed straight for the dock where they sat to wait for their turn.

The defence lawyer, Matthew Pikiti said he was supposed to appear for the two members of parliament, who he said had been in detention since last Friday.

Pikiti told magistrate Kafunda that he had been assured by the deputy commanding officer on Saturday that the duo was supposed to appear in court on Monday.

“They were not given police bond,” Pikiti said. “They were rushed to the hospital.”

Pikiti said he had asked the prosecution and they had informed him that they had not brought the docket.

Pikiti said he was making an application that the prosecution bring the docket to the court.

“The matter that they have been charged with is bailable,” he said.

The public prosecutors said they could not do anything in the absence of a docket and that it was not among the dockets that had been brought to the court.

But Pikiti said he was assured by Lusaka division criminal investigations officer (DCIO) a Mr Zulu that Phiri and Kapata were supposed to appear before the court yesterday.

“I apply that we stand down the matter so that the prosecution is requested to bring the document because it is a simple charge,” Pikiti said.

However, magistrate Kafunda said he was in a predicament to issue any directives on a matter whose charge had not been brought to the court’s attention.

“There is no charge,” he said.

Magistrate Kafunda said the most he could do in the matter was to urge the people that arrested the two parliamentarians to expedite the process in view of the constitutional guarantee that an accused person should appear in court 48 hours from the time of arrest.

“Otherwise, a directive I can’t make,” said magistrate Kafunda.

Outside the courtroom, three police officers approached Kapata and Phiri, who were in the company of their lawyers, civil society representatives and PF cadres, and asked to take them to the police station.

However, Phiri asked one of the police officers not to harass her because she was not going to the police cell.

“Behave yourself… It was announced on radio and television that we are going to court. I do not want to go back. Why are you harassing me?” Phiri challenged one male police officer.

A crowd started forming around and one of the police officers was heard asking his colleague, “but who brought them here?”

The other police officer pointed to another female officer, saying the said officer brought the parliamentarians to court from the hospital.

“I came with their vehicle,” the female police officer was heard defending herself.

Another defence lawyer, George Chisanga intervened and they agreed with Pikiti that the police officers should not interfere with the two parliamentarians as the counsels went to the police to collect the docket, which was being finalized according to the police.

And senior citizen Cecilia Makota openly protested at the court premises when police officers attempted to force the two parliamentarians into their custody.

During the wait for the docket, another officer, identified only as the officer-in-charge came and told the two parliamentarians to go to the police station so that they could conclude the process.

However, Phiri and Kapata stood their ground and told the policeman that they were not criminals for them to be taken to court when the real thief was sleeping peacefully in Kabulonga.

“We can’t listen to him, lawyers have already given instructions,” Phiri said forcing the policeman to respond: “You are still under our custody. You have been discharged from the hospital but you have to go to our office so that we finish the formalities.”

Kapata and Phiri said the idea of returning to the filthy cells was a non-starter.

The police officer said the policewoman who took the parliamentarians to the court from the hospital erred.

“They are not supposed to come directly here,” a seemingly troubled police officer explained.

Later, the two parliamentarians agreed to go to Lusaka Central Police Station where they met Lusaka commanding officer Greenwell Ng’uni in the company of their lawyers.

Ng’uni pleaded with journalists to remain outside his office.

PF spokesperson Given Lubinda subsequently appeared and said the two had been charged with conduct likely to cause the breach of peace and disorderly conduct.

Chisanga said the formalities for the parliamentarians’ police bond were also being ironed out.

Some members of the civil society who were at the police station laughed off at the excuse by police that they could not conclude their investigations and charge the parliamentarians because they had been admitted to the hospital.

By press time, the two parliamentarians were still at Lusaka Central Police.

CK