HH rejects judicial review, wants to go to high court

HAKAINDE Hichilema and his co-accused want principal resident magistrate David Simusamba to commit their treason case to the High Court.

The decision was made after the defence team concluded a meeting that was held at State Counsel Vincent Malambo’s office on Friday.

The defence lawyers realised that magistrate Simusamba skillfully took himself out of the responsibility of making a courageous decision of referring constitutional issues to the High Court as they prayed for.

The accused, through their lawyers, reached the conclusion of not taking magistrate Simusamba’s advice that they seek judicial review in the High Court over the committal certificate issued by deputy chief state advocate Mariam Bah Matandala.

Sources informed The Mast that the defence wished they informed magistrate Simusamba immediately he concluded his ruling that they would not take up the option of judicial review but that they apply that he immediately commits the accused persons to High Court.

The sources said the defence wanted to inform the prosecutions to arrange for the appearance of the accused in court for committal to the High Court.

The team will be back in court possibly Tuesday because on Monday [tomorrow], they shall inform the prosecution to arrange to bring the accused persons to court for committal,
sources told the Mast.

In his ruling, magistrate Simusamba advised the defence to seek judicial review in the High Court over the committal certificate issued by Matandala, adding that if the process was not started in 15 days, he would proceed to commit the accused persons using the same committal certificates issued by Matandala.

He added that the practice had been that accused persons were committed to the High Court using certificates issued by State advocates.

By advising the defence to seek judicial review, magistrate Simusamba rejected the application that the matter be referred to the High Court for constitutional determination on various issues, among them the validity of the committal certificate.

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