By ANDREW MUKOMA
THE Livingstone Magistrates Court has thrown out an application by United Party for National Development (UPND) Maramba Ward councillor Moses Simbaya to dismiss a case in which he is charged with conspiracy to defeat justice.
Simbaya, 34, of house number H12 B Highlands, Livingstone, is charged with two counts of making false documents and conspiracy to defeat justice.
On unknown dates but between November 1 and 12, 2018 in Livingstone, Simbaya allegedly made a bank statement of First National Bank (FNB) purporting to show that Michael Mulenga had an account at FNB Livingstone branch when in fact not.
In the same period and place, he allegedly made a bank statement for Zanaco Bank purporting to show that Peter Simbaya had an account with the bank’s Livingstone branch when in fact not.
In the same period and place, he is alleged to have prevented the execution of the legal criminal proceedings against Fengyu Oa, a Chinese who is facing criminal charges in court.
When raising preliminary arguments, defence lawyer Clement Andeleki argued that section 18 of the Criminal Procedure Code had not been followed when bringing him to court.
Mr Andeleki said the law outlined what should be done when arresting a Person.
He said if the police wished to charge someone, they should touch and confine him.
Mr Andeleki urged the court to set free his client without any conditions attached and said his client was falsely imprisoned for 11 days in Choma.
But the State, through Mutinta Chibwali, argued that the preliminary issues raised by the defence were premature.
Magistrate William Banda ruled that he had carefully considered the arguments of the defence and the State and did not agree with the defence’s arguments. Mr Banda said the right procedure had been followed to bring the Simbaya before the court.
He said Simbaya should stand trial and adjourned the hearing to September 24 and 25 this year for trial.