By PERPETAUL SICHIKWENKWE –
AN accused person in a case of some Lusaka residents charged with riotous behaviour in Kanyama Township has asked the magistrate currently handling the matter to recuse himself.
More than nine Kanyama residents are charged with riotous behaviour, during the confusion that took place on December 26, 2015, leading to damage of property belonging to a renowned Lusaka traditional healer Chilufya Chileya commonly known as ‘Dr Kalonga Kanono’.
During the trial, Mr Chileya lodged a complaint with the court alleging that the master-minder, Maxwell Chifuti, had not been arrested after which Magistrate Humphrey Chitalu ordered for his arrest.
But Chifuti’s lawyer from John Chibalabala Legal Practitioners had written a letter to Mr Chitalu alleging that Chifuti would not be accorded a fair trial going by the way Mr Chitalu has been commenting on the matter.
According to the letter dated January 29, 2016, addressed to Mr Chitalu and copied to chief resident Magistrate Aridah Chulu, Chifuti complained that on January 7, this year, Mr Chitalu was quoted stating, “Why hasn’t this Chifuti been apprehended? We are not going to entertain selective justice.
Chifuti further accused Mr Chitalu that on January 14, 2016 said, “these riots are very serious, and you  as the police, if you continue conducting yourselves  in this manner, society  will be in danger. There should be a fair application of the law hence people need to be arrested as principal offenders”.
He said the above words were attributed to the magistrate by the Post Newspaper amounted to Mr Chitalu giving legal advice on the case, which was an automatic disqualification of him to try the matter.
“We have received instructions to request for the transfer of this matter from you to another court in the interest of justice,” read part of the letter.
However, the matter could not take off when it came up yesterday, because Mr Chitalu was out of his jurisdiction.
The prosecution, however, informed magistrate Nchimunya Simaubi who mentioned that they had an application to have the indictment before court substituted.
Mr Simaubi adjourned the matter to Friday, this week.