ONE of the nine accused persons arrested in Kanyama township in Lusaka following a riot over an alleged defilement case involving a local traditional healer and a 16-year-old girl is to apply to have his case relocated from Magistrate Humphrey Chitalu to another magistrate because of what he fears is selective justice.
According to an application to be filed in the Lusaka Magistrates Court, Maxwell Chifuti through his lawyer John Chibalabala, quotes an article published by the Post Newspaper dated January 7, 2015 in which Magistrate Chitalu was alleged to have said inter-alia “why hasn’t this Chifuti been apprehended”?
Mr Chitalu was also quoted as saying: “These riots are very serious and you as police if you continue conducting yourselves in this manner, society will be in danger. There should be fair application of the law, hence such people need to be arrested as principal offenders.”
Chifuti claims in the affidavit that the utterances amounted to a magistrate giving legal advice on the case which was an automatic disqualification of him to try that particular case.
For the foregoing reasons, he requests to have the case transferred to another court in the interests of justice.
The case was adjourned February 5 due to the absence of Mr Chitalu.
The accused were arrested in Kanyama township following a riot over an alleged defilement case involving a local traditional healer and a 16-year-old girl.
This was after word went round that the traditional doctor allegedly had carnal knowledge of the girl at his clinic located behind a block of shops and bars which the accused has rented out to different people.
A mob looted shops believed to belong to the traditional healer’s tenants and also damaged the building in which he prescribed his charms.