What is bad is bad

What is bad is bad

It was very clear to everyone that the charges of treason against Hakainde Hichilema were bad ones from the very beginning.
And we told them that not even the most politically compromised, partisan court would send Hakainde to the gallows on such legally bad and technically defective treason charges.
We are not surprised that the magistrate has ruled that the treason charges against Hakainde are bad because they are really bad.
The attempt by the prosecution to make bad charges good by amending them won’t help matters. What is bad is bad; what is rotten can’t be made fresh by seasoning.
Look at their amended charges! They provoke uncontrollable laughter. Even a first year criminal law student would do better!
What is their problem?
Their problem is that they are trying to create treason charges where there are none; they want to turn a simple political contest, humiliation into treason.
One doesn’t need to be a lawyer to see that these treason charges are clearly incompetent. Even the prosecutor had no sensible alternative but to admit that the treason charges he has been directed to prosecute were bad. But after that admission, of course on orders, he wanted to amend the bad charges and make them good! How? What is bad is bad; it can’t be amended. It’s for discarding, throwing away in the trash bin. Bad charges can’t be amended. Bad charges are not charges; they amount to no charges at all. You can’t amend nothing or that which doesn’t exist at all.
When charges are ineffective, one cannot be held or tried on them. And no one, including the court, has power to amend bad charges, charges that are legally and effectively bad do not exist. Only charges with pious defects can be amended to take care of the small weaknesses. If a mango is completely rotten, you can’t salvage anything from it, you simply throw it away – it’s garbage. But if only a small part of it is rotten, you can slice out the bad small portion and devour the rest. These treason charges are ineffective. Period. And no prosecutor, magistrate or judge has power to make bad charges good, to amend bad charges. It’s only charges with small defects which don’t embarrass the accused persons that can be judiciously amended.
This is a failed treason case from the beginning because there’s nothing treasonous in it. It’s all about politics. But this is what happens when the judicial process is abused to settle political contests, scores.
The police and the Director of Public Prosecutions, in this case, have failed to discharge their duties to the Republic with sufficient honour, integrity, impartiality and independence. They have allowed themselves to be abused and embarrassed by their vindictive, intolerant and cruel political masters.
It must be very embarrassing for professional lawyers to present such very bad treason charges before court. And this is not about a small misdemeanour but a matter of life and death. Surely, is this a matter over which they would want to see Hakainde sentenced to death by hanging? Even if you hate someone, is this the way to end their lives!
The police and the Director of Public Prosecutions have all along known that there’s no treason case here but they decided to collude with their political masters to fix, punish, brutalise and humiliate Hakainde.
There’s clearly no treason Hakainde has committed and must be released to join his family. This is nothing but a tyrannical abuse of the judicial process to cripple and destroy political opponents which no civilised, just, fair and humane society should tolerate.

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