DEFENCE lawyer Chawezi Ngoma has abandoned his application for his client, Samuel Basa Dokowe, an accused in the murder of Independent Broadcasting Authority (IBA) Director General Guntila Muleya, to undergo a medical examination.
The development unfolded in the Lusaka High Court during the scheduled commencement of the trial yesterday.
Previously, Dokowe, through his lawyer Ngoma, sought a court adjournment, citing his ill health and requesting a medical assessment before the trial could proceed.
High Court Judge Vincent Siloka had granted the request for a medical examination but ordered that a plea be taken first, with the medical examination to follow, and a report submitted to the court.
State Advocate Muyangwa Sitali brought to the court’s attention that despite the previous sitting’s application and the court’s subsequent order for a medical report, no such report had been presented, and the defence had not communicated any progress.
Sitali requested guidance from the court on how to proceed.
Siloka directly inquired from Ngoma whether he had abandoned the medical examination application, noting that the court had not received the necessary documents to authorise the procedure.
The judge stated that the defence was aware of the required protocol but failed to provide the court with the documents for signing.
In response, Ngoma stated he would defer to the court’s decision on the matter.
Consequently, Judge Siloka declared that the defence had dropped its application, and the trial would proceed.
“Since the court did not receive an order for the accused to be taken for medical examination and has not signed it, it will take that the application by the defence has been abandoned and we shall proceed,” Siloka said.
However, the State then requested an adjournment, claiming they were unprepared to proceed without the outcome of the medical report.
Judge Siloka dismissed this as a “lame excuse” and sternly warned both the prosecution and the defence against seeking unnecessary adjournments.
Samuel stands accused alongside his brother Mithusani Basa Dokowe, 29, a police officer; Caleb Zulu, 30, also a police officer from Libala South; and Francis Chipyoka, 42, an accountant from Foxdale.
They are all charged with murder, contrary to Section 200 of the Penal Code Chapter 87 of the Laws of Zambia.
The court has adjourned the case to May 5, 2025, for the commencement of the trial.
By Lucy Phiri
Kalemba April 30, 2025
