By Esther Chisola
A State witness has told the court that it is not an offence to complain against the disappearance of Petauke-Central member of parliament Emmanuel Jay-Jay Banda in a matter where FDD leader Edith Nawakwi is facing two counts of Seditious practices.
When asked by one of the defence lawyers State Counsel Chifumu Banda during cross examination if it was an offense to complain over the disappearance of Banda “in thin air”, the witness responded in the negative.
Chief inspector, cybercrimes unit, Michael Ilishebo told magistrate Irene Wishimanga that he would not expect one to remain mute when his leader disappeared.
Ilishebo was testifying in a matter in which Nawakwi pleaded not guilty to two counts of seditious practices contrary to the Laws of Zambia.
The witness also agreed that citizens had the right to call upon the President to make sure that if someone was abducted, especially a member of the legislature, they should be found.
The court also played two trending audios namely part one and two where a voice was heard complaining of having been recorded when having a conversation with Banda at Maina Soko Hospital.
Nawakwi’s lawyers asked the court if they could use the video for cross examination purposes.
The defence asked the witness if he could recognise the alleged voice of Health Minister, Sylvia Masebo in the audio and he said he could not recognise it.
“In the video or audio there was the statement that says exonerate ‘Clayson Hamasaka and Levy Ngoma you will exonerate the President.’ No, I didn’t hear anything because the audio wasn’t clear,” the witness responded.
Asked if he would arrest Hamasaka and Ngoma, if it was discovered that they were the ones who abducted Banda, the witness said he would investigate the matter first.
The defense further asked the witness that if he had proof during his investigations that Hamasaka and Ngoma were the ones who abducted Banda, he would arrest them.
In response he said he could if they were found guilty.
