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Former Lusaka High court Judge, Joshua Banda, has refused to take plea in the Lusaka magistrate court in a matter where he is charged with two counts of corrupt transaction, contrary to the Laws of Zambia.
Banda through his Lawyer, James Mataliro, told Lusaka magistrate Idah Phiri on Tuesday that he could not take a plea because the charges were not specific and needed to be amended.
Mataliro in his application said his client was going to be subjected to unfair trial if he was to take plea without the indictment being amended.
“The charge is embarrassing and the indictment is bad for duplicity. You cannot charge several offences in one count, two counts indicate the same offense, same facts in the statement of offense. The charge should be one, ” he said.
However, state prosecutor, Virginia Tembo, objected to the defense application saying separating the counts will be fair for the accused person and it will not occasion injustice.
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Tembo submitted that the accused person should take plea because the counts were not embarrassing and that the indictment did not amount to duplicity.
In this case, Banda is facing two counts of corrupt transactions contrary to Section 20(1) as read with Section 41 of the Anti-Corruption Act No. 3 of 2012.
It is alleged in count one that Banda on a date unknown but between July 1, 2020 and July 31, 2020 in Lusaka did corruptly solicit for K130, 000. 00 gratification from David Mwanza the Under-Sherriff in the Judiciary as an inducement in order to assist the said David Mwanza have CS CamScanner a favourable decision in a tribunal relating to the collection of K8, 000, 000.00 from Mopani Copper Mines, a private body.
In count two, it is alleged that Banda on a date unknown but between July 1, 2020 and 31July 31, 2020 in Lusaka did receive K63,000. 00 gratification from David Mwanza the Under- Sherriff as an inducement in order to assist the said David Mwanza have a favourable decision in a tribunal relating to the collection of K8, 000, 000, 00 from Mopani Copper Mines, a private body.
Magistrate Phiri has since set May 4, 2023 for ruling.
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