INCARCERATED singer and social commentator Clifford Dimba alias General Kanene has asked the Supreme Court to order retrial of his case because he believes the subordinate court erred when it jailed him.
When the court heard Kanene’s appeal yesterday, his lawyer Tresford Chali argued that the Lusaka magistrate’s court erred when it proceeded with the matter when his client was not represented.
He told the court that his client’s 19 grounds of appeal would be grouped into three to address specific matters such as sexual intercourse, age of the girl and collaboration.
Mr Chali said there was a lot of evidence in the custody of the police officers which the court did not allow to be presented in court probably because it realised that the matter would be in his client’s favour.
He argued that there was a mistrial at the subordinate court and at the point the girl was allowed to continue testifying in the absence of Kanene’s lawyer at the time Nicholas Chanda.
Mr Chali also withdrew Kanene’s record of appeal submitted earlier yesterday because the document was not paginated so that he could resubmit a fresh one today.
But the Supreme Court has questioned the manner in which the submission was crafted and advised Mr Chali to put numbers on the pages for easier reference.
Supreme Court Judge Gregory Phiri, sitting with Justices Muyinda Wanki and Mumba Malila, allowed the State to respond to Mr Chali’s grounds of appeal within seven days from the date of submission.
In another session, the Supreme Court also heard the appeal by former minister of Labour and Social Security Austin Liato in which he was challenging his two-year jail sentence with hard labour slapped on him by a Lusaka magistrate’s court.
When the matter came up yesterday, the State prosecutor asked to file supplementary records of appeal which was not filed because they did not have enough time, saying the record was critical. But one of Liato’s lawyers Prof Patrick Mvunga argued against the State filing a supplementary record of appeal because they had enough time and that it was inappropriate at this time.
The court allowed the State to file the supplementary record and that the defence team would respond to the submissions.