Q FM Africa's Modern Radio
The Lusaka Magistrate Court has acquitted UPND leader Hakainde Hichilema in the case in which he was charged with using insulting language.
Mr Hichilema was accused of insulting Police officers who raided his home on 10th April leading to his arrest.
Delivering judgment in the matter this morning, Magistrate Greenwell Malumani said the state had failed to prove its case beyond reasonable doubt.
Magistrate Malumuni cited among other things conflicting statements given by prosecution witnesses during cross examination.
He said there was no pictorial evidence that Mr Hichilema used insulting language, noting that the submissions were by state witnesses who were all police officers with no independent person brought to court as witness.
Magistrate Malumani noted that even state advocates found it difficult to defend the case.
He stated that the law was clear on what constituted insulting language and that this was supported by many other cases.
Magistrate Malumani noted that the ebviden ce listed by the defence lawyers showed that there was no insulting language because no police officer was called from Kabwata Police station to tell the court that state witnesses has reported the matter there.
He wondered how a police officer could be a complainant and an arresting officer at the time, likening this to one being a judge and defence lawyer who wanted to argue out his own case or interest.
H stated that the court cannot convict anyone on hearsay.
Magistrate Malumani questioned how the court could rely on evidence
Magistrate Malumani wondered a police officer could be a complainant and an arresting officer at the same time.
He said it was like one being a judge and defense lawyer who wanted to argue out his own case or interest.
Magistrate Malumani said the court cannot convict anyone on hearsay.
Magistrate Malumani asked how the court could rely on evidence by the arresting officer Mpanzi Mbita who told lies on oath and later apologized.
He said Mbita had shown how abuse of power was going about in the country as he was the one who arrested Hichilema without any investigations.