SONGSTRESS Saboi Imboela yesterday seemed to be choking under the pressure of banding five Hamasakas together, so that she could present them before Court and prove that she did not defame State House Chief Communications specialist Clayson Hamasaka.
As a result of the challenges she faced in assembling the witnesses to aid her case Saboi ended up running late, forcing the State to make an application for a bench warrant which was later withdrawn after she showed up.
Saboi is facing two counts of libel for alleging that Hamasaka was corrupt and that he was at the verge of being divorced by his wife for his promiscuity.
When the case was called for continued defense before principal resident magistrate Sylvia Munyinya, Saboi was absent to the dismay of State advocate Lewis Kandele who asked the Court to put her on bench warrant.
Prior to Kandele making the application for a bench warrant, Saboi’s lawyer Francis Daka indicated that his client was on her way but could not give reasons for her delay.
Kandele said Saboi ought to be reminded to attach seriousness to the proceedings.
“This person was before court when the date was given. No reason has been advanced to why she is not before Court. The accused should be reminded that the proceedings are serious in nature and she should attach the seriousness they deserve,” he said.
“It is not the duty of the court to look for the accused it should be the other way round. We will withdraw our application but she should be advised that if this conduct repeats itself, the State will have no option but to make the necessary application.”
As Kandele was making his submission Saboi entered the Courtroom without the Hamasakas but only with a drunken cadre who was ejected from the room by for disrupting proceedings when he pestered Saboi for money like a child tapping its mother to buy it candy.
Saboi sat in the audience and followed her proceedings instead of sitting in the doc not until magistrate Munyinya asked Daka to guide her with court procedure.
Kandele further indicated that the State has a facility were it can freely accommodate the politician and ensure that she gets to Court on time.
In his response Daka said; “I mentioned that the accused was on her way. I can only apologize for the inconvenience caused but I cannot give reasons on why she has delayed.
She has to be given an opportunity to be heard before condemnation is made.”
Magistrate Munyinya advised Saboi to always communicate whenever she faces challenges in attending her Court case.
“We have talked about this on a number of occasions, it’s either you are absent, chatting outside while am already here or you are late, it’s not in order, let’s do the right thing,” she guided.
“If you are unable to make it you communicate so that we have a clear position.”
Daka requested for an adjournment on reasons that his colleagues in conduct of the matter Emmanuel Phiri and Melisa Phiri were not available.
Magistrate Munyinya adjourned the case to March 27 for continued defense.
By Mwaka Ndawa
Kalemba March 12, 2024.