WYNTER Kabimba yesterday used his physiotherapy programme to cause an adjournment in the matter in which he and Fred M’membe are facing two counts of defamation and contempt of court.
Nchima Nchito, lawyer for Mr M’membe, informed the court that Mr Kabimba had a physiotherapy schedule because of his knee injury and asked the court to adjourn the matter.
This was after several attempts by Mr Kabimba and Mr M’membe’s lawyers to adjourn the matter because they did not know which witnesses had been lined up to testify against the duo.
Mr Kabimba’s lawyer Eddie Mwitwa confirmed that his client had a knee injury and asked the magistrate to call kabimba who was at his gym so that he could speak for himself.
Lusaka Magistrate Kenneth Mulife accordingly phoned who said he had a knee injury on his left leg and was scheduled to attend physiotherapy session at a hospital.
Mr Kabimba, leader of the Rainbow Party, told the court that he sustained a muscle cramp which resulted into knee injury and that a doctor prescribed some antibiotics which he did not like.
Mr Kabimba said he had not mentioned his physiotherapy schedule because he did not anticipate that proceedings would be protracted and prayed that the court could use its discretion to give him an opportunity to attend his physiotherapy session.
“I do not have the status of being evacuated to South Africa, which is the privilege of some of the people in this country,” Mr Kabimba sarcastically said.
One of the prosecution lawyers Keith Mweemba said Mr Kabimba did not indicate which hospital and doctor attended to him.
He said there was no connection between muscle cramp and knee injury and that in future Mr Kabimba should avail the court with medical records.
Another lawyer Makebi Zulu argued that Mr Kabimba only had an appointment with a therapist to fulfill and not that he had a damaged muscle stating that discomfort of muscle should not necessitate adjournment of the matter.
Magistrate Mulife adjourned the matter today to making a ruling on the application made by Mr Zulu over the continued editorials in the Post Newspapers regarding the former president Rupiah Banda and his lawyers.
Earlier, the complainant in the matter, Newton Nguni, testified to the court that his complaint against the suspended Director of Public Prosecution (DPP) Mutembo Nchito was genuine and good for the country.
He said the words in the article were false and calculated to injure other people and that he was not aware of any agreement between President Edgar Lungu and former president Rupiah Banda.
“In my life, I have never been used. I have never been bought and cannot be bought…the words published in the Post Newspaper were false and deliberately meant to injure others,” he said.
And when it was time for cross-examination, Mr Nchito applied for an adjournment to prepare but it was objected to by the prosecution.
In objecting, lawyer Sakwiba Sikota said the application showed that the defence was not ready for trial and it wanted to use delaying tactics.
“In the magistrate court there is no procedure to have prior knowledge of who the witness would be…the court should not delay the matter unless there was a good reason for an adjournment,” he said.
Another defence lawyer, Mr Hamwela, said various matters have arisen from the witnesses and there was need for them to have access to records on the Mutembo Nchito matter.
But Mr Sikota said the application was meant to embarrass the court and delay its proceedings and asked the court not to refer the matter to the High Court.