Thursday, May 19, 2011

Court orders health checks on Mansa riot remandees

Court orders health checks on Mansa riot remandees
By Mwala Kalaluka in Samfya
Thu 19 May 2011, 04:01 CAT

A SAMFYA Court has asked the State to implement a court order that a medical doctor examines the health status of several remandees at Mansa State Prison charged for riotous conduct.

Magistrate Patson Chiluba, sitting as a magistrate in Samfya, on Monday reinforced the order that was issued by another Mansa-based magistrate hearing the same matters after several of the suspected rioters raised health-related complaints during their detention.

Magistrate Chiluba made the order during a plea hearing of a case where 46-year-old Vincent Kalaba of Mansa’s Chikotwe Village was in the first count charged with riot and in the second count charged with house breaking and theft.
Kalaba is in count one alleged to have taken part in a riot with others unknown in Mansa between 18 and 20 April, 2011.
Kalaba leaded not guilty to the charge.

In the second count, to which he also pleaded not guilty, Kalaba on April 18, 2011 broke into the dwelling house of Ibrahim Sanaula in Mansa and stole one air gun with serial number 74181184, one water container and other goods all valued at K1,350,000 belonging to Sanaula.

The matter was adjourned to May 19, 2011 for trial.

Kalaba asked for bail because the police were failing to locate the person who had committed the offence for which he had been brought to court for.

“It is better the police find the one who stole instead of making me suffer like this,” Kalaba pleaded.

State prosecutor Victor Choongo objected Kalaba’s application on grounds that being a Mansa resident, he had not advanced any suggestions of how he would find money to travel to Samfya to attend court sessions.

Choongo said although Kalaba was charged alone, the indictment read that he was acting jointly with others unknown.

“These are the others the police are pursuing to bring to book,” Choongo said.

“The accused person in the dock...is likely to regroup with others who the police are still pursuing to commit various offences as the court has observed.”

Choongo said some of those that had escaped the police dragnet during the Mansa riots were still committing offences.

Kalaba did not say anything in reply to the State’s objection.

Magistrate Chiluba said the bail application was rejected because Kalaba might encounter difficulties travelling from Mansa to Samfya to attend court.

But Kalaba, still in the accused box, said he was sick.

“Even the doctor has not come to visit and even the way we are remanded has affected my right hand,” said Kalaba.

Magistrate Chiluba then asked Kalaba if he had informed the State of his illness and he said that he did.

He said he had not seen a doctor since 25th April when he was detained.

Choongo told the court that prison authorities informed him that a Dr Phiri was unable to attend to all accused persons because he went to the prison late.

Choongo assured the court that further arrangements would be made to recall the doctor so that he conducts medical examinations on all those that he failed to see during his last visit. Hearing in the matter continues.

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