Court dismisses Father Bwalya’s application
Kasama, 06/02/14—ZANIS—-: The Kasama Magistrate Court today rejected Alliance for Better Zambia (ABZ ) leader Father Frank Bwalya’s application to have his defamation case of President Micheal Sata transferred from Kasama to another town.
Principal Resident Magistrate Vincent Siloka said it was unnecessary to transfer the case without sufficient justification from the accused person.
Magistrate Siloka also refused to refer Fr. Bwalya’s case to the High Court for determination of constitutional issues, saying trial in the matter has not yet commenced to warrant such an action.
This is in matter in which Fr. Bwalya is facing two counts namely defamation of the President and proposing violence contrary to the Laws of Zambia.
Earlier, Fr. Bwalya asked the court to consider transferring his case to a more accessible place to enable him to attend court sessions.
The opposition leader has pleaded not guilty to charges against him before the Magistrate Court and is on a K10, 000 bail.
Meanwhile, trial in the case in which Fr. Bwalya is charged with defamation of the President and proposing violence failed to take off in the Magistrate Court today because the State is still waiting for instructions from the Office of the Director of Public Prosecutions before proceeding in the matter.
The matter has since been adjourned to 4th March, 2014 for possible commencement of trial.