Q FM Africa's Modern Radio
The Lusaka Magistrate Court has found opposition UPND leader Hakainde Hichilema with a case to answer in the case in which he has been charged with Using Insulting Language.
Mr Hichilema has since been put on his defense.
This is in a case, in which Mr. Hichilema is alleged to have used insulting language on Police officers that apprehended him on 11th April, 2017.
Lusaka Senior Resident Magistrate Greenwell Malumani put Mr. Hichilema on his defense after hearing testimonies from the prosecution witnesses.
In his ruling, Magistrate Malumani said his finding of Mr. Hichilema with a case to answer was notwithstanding issues of credibility of the state witnesses which the defense lawyers raised.
Magistrate Malumani explained that the Supreme Court has already set principles that where the credibility of the witnesses has been questioned, the two parties to the case must still be heard.
And in his submission after the ruling, Mr. Hichilema has chosen to exercise his right to remain silent and rely on the wisdom of the Court.
He has also instructed his lawyers against making any further submissions.
The State however, informed the Court that it will make written submissions.
Magistrate Malumani has reserved ruling to Monday next week if the State does not make submissions either before or tomorrow 12th May.
Meanwhile one of the state witnesses escaped being cited for contempt when he misled the Court during cross examination by the defense lawyers.
Mbita Mpanzi who is Mr Hichilema’s arresting officer denied having been at the accused residence around 22:00hrs on 10th April contrary to his own record before the Court.
He however, apologized by stating that he did not mean to intentionally mislead the Court.
In his ruling after the defense accepted the apology, Magistrate Malumani who pardoned the Police officer told him that he was lucky not to have been cited for contempt of Court.