Defence challenges Mosho trial delays


DEFENCE lawyers representing  prominent Lusaka lawyer Lewis Mosho who  is charged with money laundering involving K1.5 million have asked the Lusaka Magistrates Court to proceed with trial and not entertain the State’s numerous adjournments in the matter.

Keith Mweemba objected to the application after the State asked the court to adjourn the matter as their witness was unwell and undergoing surgery.

Mr Mweemba objected to the State’s application for an adjournment because the matter had been hanging for four years due to unnecessary adjournments.

He added that the adjournments had not just affected his client mentally but had also ballooned his legal fees.

He added that it was evident from the records that in the last sitting the State gave similar reasons that their witness could not make it to court as he was unwell.

Mr Mweemba argued that the State had not stated anything new from the last time they adjourned the matter.

Another lawyer David Chakoleka in his objection to the application told the court that the affidavits by the State did not disclose when the witness would be available before court.

Mr Chakoleka said it was also on record that Chief Resident Magistrate Joshua Banda warned the State that it was the last adjournment that he was going to entertain and it was now up to the court to proceed with the case.

But the State argued that the order of calling witnesses was not restricted and they could call any witness.  However their witness had fallen sick and that it was not deliberate that he was unwell.

When it came to matters of health a benefit of doubt should be given as anyone could get sick including the defence, the prosecutor said.

Mosho was apprehended by the Drug Enforcement Commission on charges of theft by agent and money laundering involving over K1.5 million.

Mosho, 42, of 50 L Kudu Road, Kabulonga, first appeared before Magistrate Prince Mwiinga who recused himself from the matter and referred it back to Chief Resident Magistrate Joshua Banda where plea was taken.

The matter was adjourned to next week for ruling on whether to permit the adjournment.

Categorized | Court News

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