Police this morning rescued 35074EEA-F386-4F68-B911-B7DD7073CE28Chilufya Tayali (Chanda Chimba reincarnate) from being beaten By irate citizens after the court hearing,
Tayali was attending a criminal defamation matter where he is sponsored by State house to insult opposition leader Hakainde Hichilema.
After court, Tayali started taunting and provoking people who went to listen to court proceedings.
See the video on our Facebook page.
*The people v Chilufya Tayali*
Magistrate Felix Kaoma
For the complainant:
*Nellie Mutti,Jack Mwiimbu,Zevianji Sinkala,Mulambo Haimbe,Nchimunya ,L.Mwanaabo*
*Accused: Osborn Ngoma,Jonathan Zimba,N.Nkhoma*
Counsel Nellie Mutti informs the court that the matter is coming up for plea.
Defence counsel Jonathan Zimba however rises to address the court saying the client has instructed them to indicate on record what happened to him when he arrived at court this morning for purposes of attending this matter.
Counsel Zimba said his client was lynched by a group of unknown people who also trespassed on his person by exchanging punches.
Counsel Sinkala rises on the point of objection saying the accused u here to take plea.Only after then possibly issues that the defence is bringing could image.There is no such procedure that defence counsel is given the latitude to raise issues before plea.Unless they do not have any issues pertaining to the charge for this morning, I pray that the court makes an order that a proceed with matters of this morning and only then can raise issues.
Counsel Mwanaabo says the particulars of the accused have not been placed on record by this court and procedurally correct that the court has the full particulars of the accused who needs to confirm whether the details before court are indeed his details.Counsel Mwanaabo said the only thing they have is the name on the charge.Until he does so to this court,we might have a wrong person.
The Counsel further said issues being raised so far has nothing to do with the charge before this court and can not therefore be a preliminary matter before the taking of plea.He said the court can only entertain preliminary issues that are to do with the indictment.Counsel for the accused cannot give evidence from the bar.I therefore endorse the submission of counsel Sinkala.
Counsel Zimba says the prosecution should have allowed him conclude his submission.What I hear my colleagues saying is that issues of a fair trial should not be considered to be of importance before this court.
The state of mind and being of any person who appears as an accused of witness is important in the displacement of justice and that is what i was trying to address.
Secondly your Honor,I wish to address the impropriety of some of the lawyers before court.The issue is preliminary.As it goes to issues of proper administration of justice.Whether the accused is known or not,this court can take judicial notice of the fact that the person in the dock is indeed the accused person named in the indictment.I was hoping that my colleagues would cite the law upon which they place their objection.May i state that the issues being raised as preliminary are important and go to the root of fair justice.
Counsel Ngoma for the accused says their position is that they are not ready with plea on grounds that the accused person is unwell as he had been attacked.
Tayali raises his hand from the dock but the court says he can only speak through his counsel.But the accused shouts from the dock saying he is in pain.
Counsel Ngoma says they were not ready to proceed with plea on grounds that the accused is unwell and needs medical attention.We call on section 17 (1)(2) of the CPC that this court make an order to undergo medical examination to determine whether he is ready to take plea.
We have instructions that his mental faculty is not in order and has bodily pain and has asked me to tell the court on how his clothes have been torn.
(Tayali stands up and turns round before shouting why should we live like this)
The court tells the defence to advice their client that this is a courtroom and not a political rally.Am the only court and will not allow your client to speak when not asked to.
Counsel ngoma apologizes and asks that their security be guaranteed both here at the court premise as well as at our homes for the sake of our family.We cannot point at the culprits but we witnessed the attack on our client.
Counsel Mwanaabo says our reading of section 17 (1) of the CPC. .Even in the most liberal application appears not to support the application being made.
The section says th matter being called for examination should be related to the matter before court.There is nothing raised by the defence to support that the accused is in a state of mind that he cannot appreciate the charge for him to properly plea whether guilty of not.There is nothing specified on what exactly should be examined.Whether this should include the soundness of the mind.The torn jacket as shown to the court does not automatically incapacitate the accused from taking plea.There is no injury that has been shown to prove that it has capacity to fail to take plea.
Counsel mwiimbu says the section that is being cited by the defence is not tainable as no trial or inquiry has taken place.We wish to state that the application can only be sustained after the particulars have been taken.There are so many accused persons in this court and we implore the court to consider procedure of the court in this instance.
Counsel Haimbe says the defence earlier argued that the court should take judicial notice of the facts.In agreeing to some extent,we humbly invite the court to the question as to whether or not the accused is in such a state of mind as to appreciate the proceedings. To take judicial notice of the conduct of the accused himself a few minutes ago before this court.By his running commentaries,it was self evident that the accused was following the proceedings.Such as accused your Honor we humbly submit cannot say he is unable to take plea given his own conduct.We ask that this court takes that conduct into consideration in determining on whether or not to proceed with the business of the day.
Should the accused feel that he is not of mental capacity to stand trial,he can then apply appropriately.At that point the court should stipulate as to which medical facility he can seek that assistance.
Further with regards to the innuendos put by the defence to the effect that the complainant should place facilities to secure this place.
Counsel Sinkala: I wish to emphasize that this is a court of facts and not feelings and not should therefore dismiss that.
The defence has not provided any documentary evidence to prove that the accused is not well and should therefore be dismissed.Should the court be inclined to adjourn this matter.Since his mental faculty was cited as being the reason why he cannot take plea,may this court order that the accused be examined by a team of competent medical experts at Chainama hospital.
(The defence objects and the court sustains.)
Counsel Zimba says he had nothing to respond and will be guided by the court.
I have considered the application for an accused not to take plea because of the alleged attack and torn jacket.Although th defence relied on wrong section,the application is prmised on fair trial.
This matter is being represented by senior counsels,it is my view that the accused has been guided by his counsel and should therefore take plea.
Accused takes plea: Name: Chilufya Tayali: Villa Elizabetha:Age: 44: Profession: Information Technologist
Court reads the charge which is one count of publishing information on dates unknown did publish defamatory statement against Hakainde Hichilema which was caused to be published on Facebook and many other publications titled: *BA LUNGU WAKE UP.HH WANTS TO ASURP POWER THROUGH CIVIL DISOBEDIENCE*
Court: Do you understand the charge
Accused: With difficulties i understand
Court : Do you agree or deny?
Accused: I deny.
Court records plea of not guilty.
Counsel Mutti : We have instructions that the accused has continued making running commentaries on this matter,we pray that the accused be warned to desist from making running commentaries on social media or otherwise while the matter is pending hearing before this court.
Defence counsel says they shall converse with the complainant counsel on the said running commentaries before engaging our client.
Court: By the consent of the parties,the matter has been adjourned to November 30th at 09:00hrs for trial.The defence should advice their client not to make running commentaries on the matter.