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High Court Judge Charles Kafunda has rejected the medical report presented to him stating that the alleged abductor of Pamela Chisumpa and 12 others, was not fit to stand trial.
According to the medical report signed by University Teaching Hospitals-Adult, doctor Charles Mbewe, James Bwalya suffered traumatic Spinal code injury and compressed fractures vertebrae, making it difficult for him to stand and walk.
Read more: Pamela Chisumpa’s abductors to undergo mental examination
On Monday, Judge Kafunda ordered for Bwalya to be examined and the report tendered to court on April 6,2023.
This followed an application by Bwalya’s lawyer Osborne Ngoma who told the Court that the accused was involved in an activity that led to him falling and sustained back injuries, which was also affecting mental faculty.
When the matter came up on Thursday in Lusaka, Judge Kafunda was presented with a medical report dated March 23,2023.
The State through their senior advocate Bob Mwewa,expressed disappointment over the report saying the order of the court was for Bwalya to be examined in his current state.
Mr Mwewa sought the indulgence of the court on the fact that the report did not indicate the review date for the patient , as such there was no return date.
This did not sit well with Judge Kafunda who rejected the medical report.
He described the report as old and casual,therefore did not answer the question of whether Bwalya was fit to attend trial.
“The formal order of the court was very clear to the effect that A1 must be examined and a report tendered today. That obviously entails [that] an examination be conducted following the order of the court and not a previous examination to which the report before the court referrers to.As the senior state advocate rightly observes, the accorded report does not give details of when next the patient will be reviewed in order for the principle question of fitness to stand trial to be answered,”
“Dr Mbewe cannot just make a blank statement that the patient is unable to under-go trial. So, what next is the question? Because A1 is unready for trial before this court. All in all, I find the report to be very casual and further that the medical practitioner concerned appears to deliberately lose over the clear directions of the court,” he said.
The judge again ordered for the examination of Bwalya and the report presented to court on April 17,2023.
Judge Kafunda directed that the medical personal must be present in court to tender the report.
The trial Judge also ordered that the reports of the accused person’s mental fitness also be tendered on the same date.
He directed the Ministry of Health Permanent Secretary to ensure that the orders of the court as issued were adhered to by his officers to avoid a situation which would appear as if they are being compelled to do so.
“Seriousness must be attached to the proceedings before the court, the matter will therefore be adjourned to April 17, 2023 for receipt of the two reports,” he said.
Bwalya and his co-accused Matthews Sikaonga ,both 22, are charged with 54 counts which include abduction, rape , aggravated robbery,assault,among others.
The duo are alleged to have abducted 13 women and kept them in a house in Lusaka’s Chalala area.
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