Mumbuna dropped from prosecuting PF MPs honking case

Mumbuna dropped from prosecuting PF MPs honking case
By Mwala Kalaluka
Tue 07 Sep. 2010, 04:30 CAT

LUSAKA Division Prosecution Officer (DPO) Frank Mumbuna has been replaced from prosecuting the honking case involving two PF parliamentarians after he exchanged words with chief resident magistrate Charles Kafunda in court last week.

And Inspector General of Police Francis Kabonde yesterday said his office has received correspondence from Lusaka Police Division pertaining to Mumbuna’s dismissal from magistrate Kafunda’s court for unruly conduct.

This is in a matter where two PF parliamentarians, Jean Kapata of Mandevu and Mumbi Phiri of Munali are in court for allegedly hooting unnecessarily contrary to Section 233(1) and (2) of the Road Traffic Act number 11 of 2002. They are also charged with the offence of conduct likely to cause the breach of the peace.

Mumbuna was last Tuesday dismissed from prosecuting the case after he made rude remarks against magistrate Kafunda.

When the matter came up for continued hearing of the defence yesterday, another police prosecutor, Dennis Manda, took up the cross-examination of witnesses from where Mumbuna had left after his dismissal.

And Kabonde said in an interview yesterday that his office had received correspondence from Lusaka Police Division relating to Mumbuna’s dismissal from court by magistrate Kafunda.

“But you know that officer (Mumbuna) is under Lusaka Province. He has a CO (commanding officer). That is the man who can take action,” Kabonde said.

Asked if he was officially aware of the matter, Kabonde said: “Like all of us read in The Post and there are some correspondences. So we are waiting from the commanding officer. We read about it and correspondence from Lusaka Division. They have written to us that they are handling the matter.”

But when reached to comment on whether Mumbuna’s replacement by Manda in the honking case meant he had also been replaced as Lusaka DPO, Lusaka Province police commanding officer Greenwell Ng’uni described the issue as administrative.

“That is an issue of administration we can’t discuss to the press,” Ng’uni said.
When told that his office had written to the I.G’s office over Mumbuna’s dismissal, Ng’uni expressed surprise over the revelation.

“Who has written? I am not aware. Lusaka, we have written the I.G! No, no, who has written?” Ng’uni asked. “I was supposed to write.”

However, when told Kabonde had just confirmed that his office has received correspondence from Lusaka Division over Mumbuna’s matter, Ng’uni reiterated that the issue was administrative.

“These are administrative issues,” said Ng’uni.

Efforts to get Mumbuna proved futile as his phone went unanswered. Last Tuesday, the Lusaka Magistrates’ court room was stunned by the drama between Mumbuna and magistrate Kafunda.

When the defence witness, Phillias Phiri, who is Mumbi’s son, was being cross-examined by Mumbuna, there was some noise from the holding cells within the court premises.

Magistrate Kafunda alerted Mumbuna that there was noise in the court premises and he should do something about it. But Mumbuna said it was not his responsibility to stop people from making noise.

However, magistrate Kafunda reminded Mumbuna that as DPO, he was in charge of the court premises and it was therefore his duty to stop the people from making noise around court premises.

Magistrate Kafunda further reminded Mumbuna that it was his duty as DPO to ensure that court proceedings were not disturbed.

But Mumbuna said if magistrate Kafunda wanted that done, he should have addressed him in chambers and not in open court at a time when he was cross-examining.

The exchange continued with Mumbuna saying he was not going to allow magistrate Kafunda to humiliate him the way he was being humiliated.

However, magistrate Kafunda advised Mumbuna not to get into a heated exchange with him.

Magistrate Kafunda said he was not going to condone the rudeness that Mumbuna was exhibiting in open court since he was a senior prosecutor.

But Mumbuna said he could not allow anybody to humiliate him in front of all the people and to disturb his cross-examination.

When magistrate Kafunda told Mumbuna that in his arguments with him, he was failing in his duties of making sure that the proceedings were not disturbed, Mumbuna replied that he had never failed in his duties and that was why he had been appointed DPO.

This prompted magistrate Kafunda to dismiss Mumbuna from prosecuting the case until another prosecutor was found.

After the pronouncement was made, Mumbuna parked his bags, thanked the magistrate and walked out of court before saying: “I can’t allow anybody to humiliate me.”

Mumbuna’s stunt with magistrate Kafunda left everybody in the courtroom bewildered and the accused didn’t know what to do.

Magistrate Kafunda stood down the case and went back to his chambers.

A few minutes later, the court marshal came and informed the people that the case had been adjourned to September 6, 2010.

This is the second time that Mumbuna is being dismissed from court for misbehaving.

In 2004 Mumbuna, as North-Western Province DPO, was dismissed by a senior resident magistrate in Solwezi from prosecuting cases.

He was later transferred from North Western Province to Lusaka.