COURT THREATENS BENCH WARRANT AGAINST FORMER DEFENCE PS STARDY MWALE OVER NON-APPEARANCE
Lusaka Magistrates’ Court issues warning as Mwale misses court appearance citing illness.
Lusaka, Zambia, November 7 – The Lusaka Magistrates’ Court has warned it will issue a bench warrant against former Ministry of Defence Permanent Secretary Stardy Mwale if he fails to appear in court today. The warning comes after Mwale was absent from Tuesday’s court session, claiming he was unwell.
Mwale, along with Isabel Chinji, Michael Mbewe, Evaristo Sakala, Frank Sinyangwe, and Dr. John Phiri, faces charges related to the procurement of a presidential jet. Mwale is specifically charged with three counts of willful failure to comply with legal and procedural guidelines relating to procurement, and one count of corrupt acquisition of public property or revenue. His co-accused are each facing one count of willful failure to comply with procurement procedures.
During Tuesday’s court session before Chief Resident Magistrate Davies Chibwili, neither Mwale nor his legal representation was present. Mwale’s surety, Lizzy Makambwe of Lusaka’s SOS area, informed the court that Mwale had called her at 01:00 hours, notifying her of his illness. Makambwe presented a sick note from Chililabombwe, shared with her via WhatsApp, as proof of Mwale’s condition.
The prosecution argued that it would be prejudicial to continue the trial in Mwale’s absence. Magistrate Chibwili expressed dissatisfaction with the situation, stating that he expected Mwale, his lawyer, and the doctor who issued the sick note to appear in court today.
“This is an unfortunate turn of events. The absence of the accused number one and his counsel is noted, and I must say I am not happy with the turn of events. I will adjourn this case to a preset date, which is tomorrow, where I expect accused number one and his counsel present and the person who authored that alleged sick note present. If they are not present, I will issue a bench warrant against them,” Magistrate Chibwili warned.
The court also ordered that Sakala’s doctor appear in court today to explain his health status following a recent leg operation.
“It is the further order of this court that the physician for A4 be presented before court to offer an explanation of the health status of A4 (Sakala),” Magistrate Chibwili added.
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