Saturday, November 14, 2009

Pace of Mohan case disappoints magistrate

Pace of Mohan case disappoints magistrate
By Maluba Jere
Sat 14 Nov. 2009, 04:00 CAT

LUSAKA magistrate Mwaka Mikalile has expressed disappointment at the slow pace the case in which Ink-Tech managing director Matthew Mohan is charged with obtaining goods by false pretences is moving.

When the matter came up for continued trial yesterday, magistrate Mikalile said the case had dragged for too long and that it was time the prosecution concluded the matter.

This is the case in which Mohan is jointly charged with Alpine Pipi for obtaining goods by false pretences contrary to Section 309 of the Penal Code Chapter 87 of the Laws of Zambia.

Particulars of the offence allege that Mohan and Pipi on November 9, 2007 obtained 50 radios, nine batteries and one motorbike all valued at K67, 200, 014. 71 from Rolf Pfeifer.

Magistrate Mikalile told the parties in the matter that she would be going on leave and that she did not want to return from leave and attend to that particular matter at the same pace.

“I will be going on leave very soon and I do not want to come back from leave and attend to this matter at the same stage of prosecution. To move fast, I suggest that we give the case three clear days,” magistrate Mikalile said.
She also noted that the matter had dragged for a long time as it would be clocking two years next month and yet the case was still at prosecution stage.
Magistrate Mikalile said she would allocate three days to the matter and that it would commence with or without the presence of Mohan’s lawyers.
She said she would expect oral submissions from both parties at the close of the case by the state in order to expedite the matter.

Magistrate Mikalile’s directive came as a result of an adjournment made by the defence team that Mohan’s lawyer Kelvin Bwalya was not before the court because he was committed to another matter.

But the State objected to the application saying the matter had dragged for a long time and hence the court should dismiss the application for an adjournment.
The matter comes up on December 11, 2009 for continued trial.

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