‘Don’t argue with court’
By Times Reporter
A LUSAKA magistrates’ court handling the case involving nine Ministry of Health employees, yesterday advised defence lawyer Keith Mukata not to argue with the court but wait for its guidance.
Magistrate Kenneth Mulife advised Mr Mukata, who is one of the defence lawyers in the matter after he alleged that Anti-Corruption Commission (ACC) prosecutor Dennis Simwinga was not serious with his re-examining of former permanent secretary Simon Miti.
This is in a case in which Ministry of Health human resources officer Henry Kapoko and eight others are facing a charge of obtaining money by false pretences amounting to more than K1.9 billion.
When Mr Simwinga was re-examining Dr Miti, Mr Mukata objected saying that he was not serious but the State prosecutor protested.
Mr Simwinga said it was not fair for Mr Mukata to purport that as a public prosecutor he was not serious in his re-examination.
He demanded an apology saying the State was serious with the matter contrary to Mr Mukata’s claims.
But as Mr Mulife was guiding the two parties, Mr Mukata continued addressing the court and Mr Simwinga.
This prompted Mr Mulife to advise, Mr Mukata not to argue with the court but wait for his guidance.
“Counsel shall not argue with the court because it is up to the court to provide guidance and not the lawyer. In the interest of time and the accused’s liberties, Mr Mukata should apologise,” he said.
Mr Mukata, however, apologised to Mr Simwinga and retracted the statement that the ACC prosecutor was not serious and sober.
And during continued re-examination, Dr Miti said he signed the contract to award the mother baby kits to Kahekam Limited, a company linked to Kapoko.
Dr Miti said the contract was also signed with Ministry of Health head of procurement and supplies unit, Able Katongo who is jointly charged with Kapoko.
Kapoko is jointly charged with head of procurement Katongo, procurement specialist Anthony Mwila, Justine Phiri, an internal auditor and assistant director of administration Norbert Peleti,
