DPP opposes Mwaliteta’s constitutional bail application

DPP opposes Mwaliteta’s constitutional bail application.

By Mwaba Chola

DIRECTOR of Public Prosecutions Lilian Siyunyi has filed an affidavit in the Lusaka High Court opposing aggravated robbery accused Obvious Mwaliteta’s contitutional bail application.

Last week, Mwaliteta and four others applied for constitutional bail before the High Court on grounds that their case had taken too long to be cause listed from time they were committed to the High Court.

The accused persons submitted that some of the colleagues who were arrested at the same time or before them had their cases tried while nothing had happened for them.

In this case, Mwaliteta, Evans Mukobela, Emmanuel Mumbai, Laswell Phiri and McMillan Shimukonka were arrested during the August, 11 elections on allegations that they had confiscated election materials upon which they were imprisoned on aggravated robbery charges.

In her affidavit, Siyunyi stated that there had not been inordinate
delay on the part of the prosecutions to take the applicants to trial.
She submitted that her office issued the committal certificate on
August 24 since their arrest on August 19.

The DPP stated that cause listing of committed cases was not a
preserve of her office but that of the judiciary and Mwaliteta’s
matter had been cause listed for December session which commenced on Monday.

“It is absurd for the applicants to compare the cause listing of the
case of others. It is clear that it is a Kitwe registry case and it is
common knowledge that the principal registry at Lusaka is separate and distinct from Kitwe registry and therefore cause listing before the two registries is not jointly done,” stated Siyunyi, who added that going by the criminal justice system standard, Mwaliteta’s case had been expeditiously brought to court.

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