THE Lusaka magistrate's court has ordered the Zambia Police Service to issue five United Party for National Development (UPND) cadres who are claiming to have been assaulted by the Police with medical report forms to enable the five seek medication.
Magistrate Lameck Ng'ambi granted the application against the state saying he would be failing in the promotion of justice and human rights if he refused the accused an opportunity for them to seek medication.
UPND lawyer Martha Mushipe made an application yesterday when the matter came up for mention to compel the Police to issue medical report forms to her clients Aaron Sililo Pumulo 35, Joseph Mazonda 48 , Lemmy Mukoba 29, Patrick Ntalasha 28, and Newton Chisuntu 30, to enable them seek medication.
The cadres who are charged with idle and disorderly conduct likely to cause breach of peace claim to have been battered and assaulted by the police on June 7, 2012 when they fought running battles as they attempted to demonstrate to the Supreme Court over developments in the judiciary.
It is alleged that Pumulo a barman, Mazonda a tyre mender, Mukoba and Ntalasha unemployed and Chisuntu a security guard on June 6, 2012 in Lusaka jointly and acting together with other persons unknown conducted themselves in a manner likely to cause the breach of peace by blocking public roads at the junction of Lagos and Addis Ababa drive.
Ms Mushipe told the court that her clients had the right to health and as such the order should force the police to issue her clients medical report forms to enable them seek medication.
But the State had asked the court to deny the cadres the request saying they were on bail as such they would freely seek medication.
The State said the court was not the right fora to use as the request made by the cadres' lawyer was beyond its jurisdiction.
Pumulo , Mazonda , Mukoba , Ntalasha and Chisuntu would commence trial on July 10, 2012.
Meanwhile one of the lawyers representing the deceased Sajid Itowala's father in law Mohammed Dalal, Sakwiba Sikota yesterday asked the court to acquit his client on charges of forgery and uttering false documents relating to the late Itowala's shares because the complainant and private prosecutor prosecuting the matter were not before court.
It was alleged in the first count that Dalal on August 20, last year in Lusaka, being the administrator of the late Itowala made false documents purporting to be minutes of a shareholders meeting of Cyclone Hardware and Construction Limited to his daughter Tasnim Hanif.
In the second count, it is alleged that Dalal made false documents of minutes of shareholders meeting of Cyclone Hardware and Construction and submitted the same to Patents and Company registration office to cause the fraudulent transfer of 2,000, 000 ordinary shares from Sajid Itowala to Tasnim Hanif Dalal.
But when the matter was called yesterday the complainant, witness and prosecutor were all not before court prompting Mr Sikota to ask the court to set his client free.
Mr Sikota told Magistrate Lameck Mwale that his client should walk to freedom because the complaint and witness were not before the court when they knew very well that the matter was scheduled for continued cross examination.
He said that the prosecution appeared not to be ready to continue with the matter by virtue of them being absent before court and as such his client should be acquitted based on the provisions of the criminal procedure code (CPC) under section 199.
He complained that the prosecution did not make any attempt to communicate to court about their absence.
However, before the court could deliver its ruling on the application, Private Prosecutor Bokani Soko walked into the court room and apologised to the court for his late coming.
Mr Soko wondered how the defence could make an application for his client to be acquitted when the prosecution was not before court.
Magistrate Mwale adjourned the matter to June 29, but warned against such delays in the proceedings.