Lusaka Magistrate Greenwell Malumani has acquitted opposition leader Hakainde Hichilema on the charge use of insulting language.
Magistrate Malumani said the state witnesses were unreliable and that they arrested Mr Hichilema without doing any investigations.
says state witness Intelligence officer Aubrey Hamweene told the court that he did not know the distance between the police and Mr Hichilema at the time they went to Mr. Hichilema’s house.
He said state witness Hamweene admitted that he did not write any report and that such a submission shows that state witness Hamweene was only brought to testify without evidence.
He said Mr. Hichilema remained silent in court.
In the night of 10th April, 2017, police officers went to Mr. Hichilema’s house and they brutally arrested him the following day.
Magistrate Malumani said there is no pictorial evidence that Mr Hichilema used insulting language and that the submissions by state witnesses who are all police officers, there was no single independent person brought to court as witness.
He said arresting officer Mbita told the court he went to western province for duties and that he never recorded any statement but arrested Mr. Hichilema on all charges without investigations.
Magistrate Malumani says it is within the law that always investigations are done before arresting anyone and that investigations must yield positive results.
Magistrate Malumani said the police have no powers to arrest and later begin doing investigations but that police must investigate and then arrest.
Magistrate Malumani says the arresting officer of HH and his evidence show that they arrested Mr. Hichilema without any investigations but later begun investigations.
Magistrate Malumani says even state advocates found it difficult to defend the case.
He said the law is clear on what constitutes insulting language and that this is supported by many other cases.
Magistrate Malumani says he was referred to various case by the State advocates that insulting language is an offense.
And in trying to defend lies by the State witness, the state advocates submitted that police witnesses must not be taken that they are interested parties but on duty.
Magistrate Malumani says the evidence listed by defense lawyers shows however that there was no insulting language because no police officer was called from Kabwata police station to tell the court that state witnesses reported the matter there.
Magistrate Malumani questioned how can a police officer be a complainant and arresting officer at the same time.
He says this is tantamount to having one being a judge and defense lawyer who wants to argue out his own case or interest.
Magistrate cites that the court cannot convict anyone on hearsay.
Magistrate Malumani says in this case, all the witnesses are police officers and that state witness and arresting officer Mbita did not investigate the alleged treason charge but went ahead to arrest Mr. Hichilema.
“How can the court rely on evidence by arresting officer of HH, Mbita who told lies on oath and later apologized? Magistrate Malumani questioned.
Magistrate Malumani says state witness Mbita told the court that Lawyer Martha Mushipe wanted to beat him but Magistrate Malumani says State witness Mbita is not a credible arresting officer especially that he is the one who arrested Mr Hichilema for treason but without any investigations.
Magistrate Malumani says the law is clear that it is not the duty of police to convict people but take evidence to court which should lead to convictions.
Magistrate Malumani cites that behaviour of police must be condemned because not all those brought to court are criminals but only hated by sadist.
Magistrate Malumani cites justice Lomba that if police can be professional only serious cases must go to court and not crowding prisons.
Magistrate Malumani says arresting officer Mbita has shown how abuse of power is going about in the country as he is the one who arrested Mr Hichilema without doing any investigations.
Magistrate Malumani says the court has no duty to bear witness to state witnesses who fail to avail evidence.
He says due to the state witnesses failure to show any single grain of evidence, police officers failed to show why they arrested Mr Hichilema.
Magistrate Malumani says anyone arrested will be treated as a suspect until proven guilty by the courts of law as enshrined in the Commonwealth regulations.
He said says it is because of such that Mr. Hichilema decided to remain silent he can’t say a thing especially that this is a criminal proceeding.
Magistrate Malumani says the burden is on the state to prove that Mr Hichilema did not commit any offense.
Magistrate Malumani has since acquit Mr. Hichilema of insulting