THE Economic and Financial Crimes Court has ordered Ndozo Lodge proprietor Chrint Sichamba to undergo a medical examination by neurosurgeons at the University Teaching Hospital to ascertain whether he can stand trial after he failed to take plea due to an illness.
Lusaka Magistrate Ireen Wishimanga further ordered that a report from the hospital should be availed to the court so as to determine the way forward.
on August 31, 2022 Sichamba’s the wife, Eudora Nambela, and son, David appeared before the court, presided over by Irene Wishimanga, in a case where the trio is being charged of possessing properties obtained illegally.
However, his lawyers stated that their client was unable to speak and could not understand sign language which hindered him from following pleading guilty or not.
The three were arrested by the Anti Corruption Commission two weeks ago for corruption involving over K781 million and more than US $10 million.
Sichamba’s lawyers cited Section 17 of the Criminal Procedure Code (CPC) stating that their client was unable to understand the proceedings.
According to a statement released by ACC on their Facebook page, one of the defence lawyers, told the court that Sichimba had a medical report suggesting that he is unable to speak or understand sign language which made him incapable of following the proceedings.
However, the prosecution team submitted before the court that Section 161 of the CPC is instructive and gives guidelines of how an incapable person can enter a plea of not guilty.
The prosecutions further disclosed that in a situation where the fitness of an accused person to take plea arises, the court determines the issue.
And in a scenario where there is an affirmative finding to back the accused, the court records a plea of not guilty and proceeds into trial.
Moses Makwaya
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