By PERPETUAL SICHIKWENKWE –
THE Lusaka magistrates’ court yesterday declined to institute a preliminary inquiry in the matter in which four Lusaka residents are accused of murdering United Party for National Development (UPND) supporter Graizer Matapa.
Mr Matapa was on February 23, 2015 brutally murdered in Mtendere Township and police managed to arrest five suspects.
Billy Semani Kansenya, Moses Lungu, Maxson Phiri, and Yapanshi Mwewa are charged with murder while Albert Mainsa is charged with assisting Mwewa escape justice.
The five have been appearing before acting chief resident magistrate Aridah Chulu for mention pending instructions from the Director of Public Prosecutions (DPP) to have them committed to the High Court to undergo trial.
When the matter came up for another mention yesterday, lawyer representing the five, Nicholas Chanda applied for preliminary inquiry to enable witnesses testify so that the court could decide whether they should continue being in detention.
He said that a preliminary inquiry would determine whether there is sufficient evidence to require the five to stand trial and if there was nothing, they should be discharged.
Mr Chanda told the court that he was concerned that four of his clients have continued being detained as the charge they are facing is not bailable while on the other hand, no instructions were coming from the DPP committing them to the High Court to undergo trial.
The State objected to the application by Mr Chanda and urged Ms Chulu not to institute a preliminary inquiry.
Making a ruling on the application, Ms Chulu said although she was aware that instructions have not yet been received from the DPP, the matter has not delayed as it was brought before her on March 20, 2015.
Ms Chulu said that the period does not warrant for her to institute a preliminary inquiry but that she would make a follow up with the DPP’s chambers over the matter.
She adjourned the case to May 22, 2015 when the five would appear for another mention pending the issuance of instructions from the DPP’s chambers.
