LAWYER representing MMD President Nevers Mumba and seven others yesterday applied to the Kitwe Magistrate Court to quash the charge of unlawful assembly slapped on her clients because the accused were stopped while driving on the way and were not at any assembly or a rally.
Ireen Kunda from Kunda and company applied to the Magistrate court to use its inherent discretion to quash the charge of unlawful assembly on her clients and refer the matter to the high court for trial.
This is in a matter where Dr Mumba and seven others were arrested on December 11, 2012 for unlawful assembly as they were coming from Lufwanyama District to visit Chieftainess Shimukunami after earlier visiting Chief Nkana.
Dr Mumba was arrested together with Lufwanyama Member of Parliament(MP) Annie Chungu, Muchinga MP Howard Kunda, Masaiti MP Michael Katambo, Kafulafuta MP James Chishiba.
Others were MMD Deputy National Secretary Chembe Nyangu, Copperbelt MMD provincial women chairperson Edith Mataka.
Ms Kunda said the fact that her clients were stopped on the road and charged for unlawful assembly was a clear indication that the courts were being abused to stiffle the freedom of the citizens by some officers.
” The accused persons were stopped on the high way as they were driving and they were not on an assembly or holding a rally. It is because of the potential abuse that we apply to this court to use its inherent discretion to ensure the court is not abused for trial.
Copperbelt Provincial Prosecution Officer Anderson Simbulyani applied for an adjournment so that the Sate could study the application made by Ms Kunda.
Magistrate Penjani Lamba granted the adjournment and the matter would now come up on March 4.