Sedition-accused Brebner Changala will not have the pleasure of seeing President Hichilema and Vice President Nalumango in the dock to testify in his case after the Lusaka Magistrates Court threw out his application to subpoena the country’s top two public servants.
Changala is facing sedition charges related to his conduct and utterances in the aftermath of fugitive Emmanuel Banda’s alleged abduction in May this year.
The court ruled that the accused did not describe in his summons what evidence he sought from the head of state, his number two, and the other senior government and party officials that he wanted to be subpoenaed.
To subpoena someone is to compel or order them to appear in court to provide evidence.
Chief resident magistrate Davies Chibwili guided that if the intended witnesses possessed documents, Changala should have specified or sufficiently described them in his application.
Changala had argued that he was unable to proceed with his defense without a pre-trial with the witnesses he decided to order before the court.
However, magistrate Chibwili stated a mere submission of a list of names of potential names without indicating what evidence the applicant hoped to get from each of the summoned individuals to assist his defense was insufficient and did not satisfy the requirements of the law, that the defendant makes it appear to the court that the material evidence can be given by or was in the possession of the individuals being subpoenaed.
“If, for argument’s sake the court was inclined to summon the Republican President, as prayed by the defense, was he expected to come with the whole presidential library to court? The same applies to all those on the list,” stated the magistrate.
After dismissing the application, the court ordered that Changala should open his defense ahead of his witnesses.
