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PROSECUTORS have withdrawn the case in which former Zambia Red Cross Society secretary general Charles Mushitu and finance manager Sydney Chituta are accused of abusing the authority of their offices.
Mushitu and Chituta are accused of diverting funds for vulnerable children and are charged with abuse of authority of office contrary to Section 99(1) Chapter 87 of the Laws of Zambia.
When the matter came up for continuation of trial before principal resident magistrate Obbister Musukwa yesterday, the State applied to withdraw the matter, as it believed there was interference with key witnesses.
Prosecutors said they were consulting with the Director of Public Prosecutions and withdrew the matter under Section 88 (a) of the Criminal Procedure Code.
But defence lawyer Paul Katupisha said it is unfair to withdraw the matter in such a manner because the fate of his clients is indefinite.
In his ruling, magistrate Musukwa allowed the application and withdrew the matter.
Magistrate Musukwa said the withdrawal of the case is not an acquittal as the duo can be re-arrested.
Particulars of the offence are that Mushitu and Chituta on dates unknown but between July 1, 2011 and February 9, 2012 in Lusaka being persons employed in the public service namely Zambia Red Cross Society as secretary general and finance manager respectively, jointly and whilst acting together with other persons unknown did abuse the authority of their offices by applying a sum of K267,000 for orphans and vulnerable children in Sesheke and Kazungula on other activities, an arbitrary act prejudiced to the rights or interests of the said orphans and vulnerable children.
