The purposeful examination of the credibility of the witness forced Magistrate Malumani to warn the official who is suspected to be a member of the Zambia Intelligence community known as OP not to go against standard court procedure.
Hichilema, the UPND leader incarcerated for treason, has since been found with a case to answer on one of the charges of insulting the President.
BELOW IS A PART OF THE TRANSCRIPT DETAILING THE EPISODE IN COURT TODAY
Defense Lawyer Gilbert Phiri takes to the floor and asks the witness who assigned him to arrest and charge HH on 3 charges?
State witness says he was assigned by officer in charge Arthur Shonga.
Defense lawyer Phiri says it is a fact that state witness was at HH’s house on 10th April, 2017 at 22:00 hours, is it not?
State witness says he was not at HH’s house at that time and on that day.
And defense lawyer Phiri asks that the court avails him the report that the State witness did author of what happened?
State advocate Sakala argues that there is no need of such but Magistrate Malumani guides that it be brought forward.
And defense lawyer Phiri asks the state witness to disclose whose handwriting it was and who wrote the report?
State witness says it is his handwriting and that he wrote it.
Defense lawyer Phiri says read paragraph 6.
State witness struggles but reads and reads as follows: Around 22: 00 hours on 10th April, 2017, I pursued Mr Hakainde Hichilema to his residence at plot 10474 off leopards hill road. During an operation which lasted for more than 4 hours, the following suspects were apprehended for various offenses:
Defense lawyer Phiri says state witness told the court that he never went to HH’s house on 10th April, 2017. Why lie?
State witness says he did not go to HH’s house.
Defense lawyer Phiri calls the state witness a LIAR.
And Magistrate Malumani says he will not allow the state witness to continue telling lies, he says this is a court and the law is followed here vehemently.
Magistrate Malumani quotes relevant provisions on telling lies and guides that he will not allow such lies anymore.
And state advocate Sakala objects that it is not fair to call the State witness a LIAR by the defense lawyer Phiri.
But Magistrate Greenwell Malumani rules that the reason why such is arising is because the state witness is not telling the truth. Magistrate Malumani says when brought to court one stops being state but an individual and once jailed it is him alone as state witness Mbita and family to face the punishment. Magistrate Malumani rules that he will use the law and follow the law and nothing otherwise.
Meanwhile the cross examination continues….