Pule’s seditious case trial continues

By CHIKUMBI KATEBE

THE Lusaka Magistrate Court has ordered the State to bring before court documents to help the defence in a matter in which Apostle Dan Pule is charged with seditious practices and making tribal remarks.

In the case before Magistrate Silvia Munyinya, Christian Democratic Party (CDC) president Reverend Pule is alleged to have between May 16 and May 28, 2024 made claims that President Hakainde Hichilema was promoting regionalism through his appointments and he pleaded not guilty.

Defence lawyer Ernest Mwanza had earlier made application to subpoena documents to be relied upon by the accused.

Mr Mwanza explained to the court that as the accused, they already filed all necessary documents including an affidavit in reply and would particularly rely on the skeleton arguments filed, but required certain documents to aid his defence to prove certain things in his case.

He said there was need to issue an order to help clarify some concerns raised by the accused on the job appointments to Government and other quasi institutions which reveal that indeed jobs concentrated towards Southern, Western, North-Western and parts of Central provinces.

He submitted that in some instances the appointments were limited to individuals who were Tonga by tribe and that could only be confirmed if the accused had access to information on their national registration cards.

“For the accused to prove that, it is imperative that not only NRC are produce before court but also the appointment and employment contracts must be shown to this court for the court to come to the conclusion if these accusations where true or false.

“And seeing that the statement was made by an opposition, how else can the accused prove that what s/he was factual and truthful if the documents are not before court,” Mr Mwanza said.

Mr Mwanza explained that the documents being sought were very particular and related to the proof otherwise to the statement made by the accused would not be proved.

“In the light of the above my lady, the request to have these documents produced before Court is fundamental to a fair hearing of this matte to arrive to a favourable conclusion by this court,” he pleaded.

Meanwhile, the state alleged the documents sought would not address the real issues before court accusing the application to be a fishing expedition under the guise to fair trial.

The state alleged that the defence had a pre-conceived political narrative which the documents sought could not prove to defect the allegations against them.

They prosecution said it only served to infringe on the privacy of the third parties, the owners of the case.

Magistrate Munyinya in her ruling explained justice required all avenues be made available to prove a case to prosecute or defend for justice to prevail.

She cautioned the defence to ensure the order contained the list of documents to be subpoenaed and not names of individuals.

The matter was adjourned to July 8 for continuation of defence.