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Samuel Dokowe, who had collapsed in the dock weeks earlier and was allegedly unable to speak due to an illness, returned to court on Tuesday looking healthy and in high spirits.
However, no medical report explaining his condition was presented to the court.
Dokowe, alongside co-accused Francis Chipyoka, an accountant at the Independent Broadcasting Authority (IBA), and police officers M’Thusani Baza Dokowe and Alex Caleb Zulu, face charges of the murder of IBA Director General Guntila Muleya.
Read more: Courtroom tension as accused groans in silence during murder trial of IBA boss, Muleya
The four are alleged to have jointly caused Muleya’s death on July 23, 2024, through two gunshot wounds.
During the previous court session, Dokowe’s defense lawyer, Chawezi Ngoma, had requested a medical examination to determine his client’s fitness to stand trial.
However, when the matter resumed, neither the prosecution nor the defense presented a medical report to the court.
“We are aware of the order for a medical examination, but we have not been availed any report,” said State prosecutor Muyangana Sitali, adding that the defense also had not received the document.
Ngoma confirmed the State’s statement. Judge Siloka noted that he had not received the formal draft of the order for his signature.
As a result, the court presumed the request for the medical evaluation had been abandoned and decided to proceed with the trial.
Despite this, the prosecution requested a short adjournment, citing unpreparedness.
While Ngoma insisted on immediate trial proceedings, co-defense counsel Osborne Ngoma did not oppose the adjournment, as it was the State’s first such request.
Judge Siloka expressed disappointment with the prosecution’s delay, stating, “It is surprising that the State has come up with a lame excuse that they are not ready.
This court had clearly indicated at the last sitting that it would proceed to trial, depending on the outcome of the medical report.”
The matter was adjourned to May 5, 2025, with a warning to both the prosecution and defense to be prepared.
“The court will not accept flimsy excuses for adjournments going forward,” Judge Siloka stated.
The four accused face one count of murder, contrary to Section 200 of the Penal Code, Chapter 87 of the Laws of Zambia.
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