Q FM Africa's Modern Radio
Lawyers representing Roan Member of Parliament Chishimba Kambwili in the case in which he is charged with contempt of court for changing the directorate, secretary and particulars of his company Mwamona Engineering and Technical Services Limited have objected to presentation of photocopied documents as evidence by the state.
In this matter, Chilufya Tayali who is the key state witness has alleged that Mr. Kambwili tampered with evidence in a case in which the latter is facing three counts of forgery, uttering false documents and giving false information to a public officer.
The defence led by Keith Mweemba objected to the presentation of photocopied documents as evidence by state witness Lameck Mwenya 42, a manager in-charge of registration at PACRA, arguing that the state could not invite the court to admit secondary copies when originals exist and they know where they are,adding that the best evidence rule demands the state brings the originals.
He further submitted that the court must see the best evidence which is the original evidence and once it has seen for itself that this is the best evidence, and then an application to substitute secondary evidence could be allowed.
And Magistrate Sunge Chanda has ruled that the state applies to Magistrate David Simusamba to seek the release of the original documents, so that they may be brought before the court as best evidence.
The matter has since been adjourned to 12th and 20th August for continued trial.
Meanwhile key state witness in the matter Chilufya Tayali decided to stay away from court proceedings in protest against what he has described as selective justice.
Mr Tayali says he will not testify in the matter if required to because his conscious was not clear with regards the prosecution of some people, while others he said had stolen more, brag with impunity.
Meanwhile Roan Member of Parliament Chishimba Kambwili has advised Lusaka residents not to vote for Job seekers in the Lusaka mayoral by-election.