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Defence lawyers representing Brian Mundubile and Makebi Zulu withdrew from proceedings at the Lusaka Magistrates’ Court after Magistrate Webster Milumbe initially insisted that the accused take plea in a case transferred from Solwezi.
The withdrawal followed the court’s rejection of an application for an adjournment, with the magistrate arguing that the defence had been given sufficient time to obtain instructions from their clients.
Senior counsel Bonaventure Mutale told the court that the lawyers could not proceed without instructions from the accused.
“It is serious misconduct to proceed without clients’ instructions. We have not received those instructions and we are impaired from representing the accused persons,”Mutale said.
Sakwiba Sikota SC supported the application for withdrawal, saying it would be improper for lawyers to remain on record when they were inadequately instructed.
“We find ourselves in a difficult position of not being able to adequately be instructed and it will not be right for inadequately instructed counsel to remain on record,” Sikota said.
The Director of Public Prosecutions told the court that counsel were at liberty to decide whether to continue representing the accused and that the State was prepared to deal with the consequences of their withdrawal.
Magistrate Milumbe subsequently granted the lawyers permission to withdraw.
Addressing the court after the defence team left, Zulu said the accused had understood that they were being brought to Lusaka for proceedings before the High Court and not to take plea in the transferred matter.
“We did not come to Lusaka for this matter,” Zulu said.
He told the court that the accused needed legal advice on the propriety of the indictment and constitutional issues arising from the proceedings.
“I do seek counsel. My intention is to give sufficient instructions to proceed. If I do take plea today, it may render my application nugatory,” he said.
Zulu argued that taking plea before the preliminary issues had been addressed could undermine the applications the accused intended to pursue.
He said granting an adjournment would not prejudice the State but that refusing one would disadvantage the accused.
“This is the first time appearing before this court for application for an adjournment. No prejudice to the State should the court grant [it], but I and my colleague will be prejudiced,” he said.
He also questioned whether the charges disclosed an offence and argued that the accused needed time to consult lawyers and obtain legal advice.
Citing constitutional protections, Zulu said the accused were entitled to sufficient time and facilities to prepare their defence. Mundubile adopted his submissions.
The DPP opposed the renewed application, arguing that the court had already directed that plea be taken and was being asked to revisit its earlier decision.
The prosecution further argued that the accused should not benefit from what it described as their own default and “machinations”.
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Zulu rejected the argument, saying the circumstances had changed following the withdrawal of their lawyers and that the application was now centred on securing legal representation.
The magistrate subsequently granted the accused a seven-day adjournment, citing the interests of justice and their right to legal representation.
Although Zulu had requested 14 days, Magistrate Milumbe allowed seven days for the accused to secure lawyers, provide instructions and indicate their position.
The DPP said the State would be ready to respond immediately once the defence filed its application, adding that he was already familiar with the issues involved.
Zulu, however, told the court that the accused faced practical difficulties preparing their case while in detention, as they had neither phones nor laptops and would remain in custody until the following day.
He nevertheless undertook that they would consult lawyers and file within the period granted.
The court indicated November 24 as a possible date for plea.
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