Lusaka Magistrate, Idah Phiri, has warned the state prosecuting the case in which Economic and Equity Party (EEP) president, Chilufya Tayali, is facing one count of assault to be serious or she discharges him.
This was after Tayali’s lawyer, Benjamin Mwewa, applied for the matter to be dismissed and accused to be discharged on grounds that it has taken long and the state keeps adjourning it.
When the matter came up on Wednesday for continuation of trial, state prosecutor informed the court that the state was not ready to proceed as the arresting officer who was supposed to testify was unwell.
But Mwewa in his submission insisted before court that the matter would proceed to trial despite the prosecution telling the court that it could not proceed because its witness was indisposed.
Magistrate Phiri declined to close the matter but warned that she would order for the close of the State’s case on June 9, 2023 if it would not be ready to present its last witness before court.
Read more: Court adjourns case against opposition figure, Tayali, in suit alleging inciting mutiny
“The case has taken long and am giving the state a last adjournment, If the witness who is supposed to testify don’t come, the state will make the necessary application,” she ruled.
In this matter, Tayali, 48, of house number 38 Ngwezi road Roma in Lusaka pleaded not guilty to one count of assault on Police Officer contrary to section 250(b) of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that Tayali hit a female Police Officer who was on duty in the face with a kettle at Chilenje police station whilst in custody.
It is also alleged that Tayali’s wife Tsega Tayali brought food for her husband in custody and she was requested by the female police officer on duty to taste it as a procedure when someone brings food for suspects in custody.
It is further alleged that Tayali got annoyed and stated that his wife cannot poison him, he got the food and threw it on the floor and later on got a kettle and hit the female officer on the face, and she sustained a swollen and painful face.
It is alleged that Tayali on October, 1, 2022 assaulted number 51391 Woman Constable , Melody Malama, a Police Officer employed in the Zambia Police Service during the execution of her duties at Chilenje police station.
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