By Agness Changala
The State in Nyimba district has applied for a bench warrant against a local businessman and farmer Emmanuel Tembo who is in court on an allegation of defiling a minor, for absconding from court without reason.
But the court has given the accused a benefit of doubt and declined to grant the application in the interest of making progress in the case at the next hearing.
In this case, Tembo 43, is charged with defilement contrary to the Laws of Zambia.
It is alleged that Tembo on unknown dates but between 2021 and January 2024 in Nyimba unlawfully had carnal knowledge of a named girl under the age of 16.
When the matter came up on April 10, 2024, Tembo was scheduled to appear in court but did not show up.
The prosecutor J. Mtonga informed magistrate Francis Chulu that the matter was set for a mention with a view of setting the trial dates.
Mtonga said Tembo was very much aware of the date and wondered why he had chosen not to be before court.
“We communicated to him yesterday on voice call and sms to which he said I should not communicate to him but to his lawyer,” Mtonga said. “He stated that he can’t come to court without being instructed by his lawyer.”
Mtonga said he also phoned Tembo’s lawyer and informed him about the date for court appearance.
At this point, magistrate Chulu asked if the sureties were present.
In response, Mtonga said he had called for names of sureties outside and they were both not before court.
This development forced the prosecutor to apply for a bench warrant against the accused person.
“We have no option but to apply for a bench warrant against the accused person Emmanuel Tembo in this matter and summons to be extended to his sureties Isaac Kamdalila and Reuben Zulu of Riverside B residence who is a Pentecostal pastor…,” Mtonga said.
In his ruling, magistrate Chulu said he had considered the submission by the state regarding the conduct of Tembo when he was informed of the hearing date.
He stated that the behavior of Tembo was disapproved as the prosecutor was not prohibited from contacting him even if he was represented by the lawyer.
Magistrate Chulu further observed that despite the lawyer being informed of the date, neither the accused nor sureties were present before the court.
“That as it may, the court will give the accused person a benefit of doubt. I will not invoke any powers to issue a bench warrant against the accused. Instead, I will adjourn this matter to the 17th of April, 2024 for hearing. The State is directed to ensure the attendence of all witnesses so that we can make progress in the matter. Bail for the accused is extended,” magistrate Chulu ruled.
