Cart is empty By LUCY PHIRI
LUSAKA Chief resident magistrate Davies Chibwili has discharged Dr Francis Bwalya against all his charges in the matter he is jointly charged with former Health Permanent Secretary Dr Kennedy Malama and seven others.
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The matter is in relation to the procurement, supply and delivery of 50 ambulances.
When the matter came up for plea after it was reallocated to magistrate Chibwili, the state informed the court that they had an application to discharge the third accused person.
Bwalya, 55, has been missing court sessions on grounds that he has been unwell.
Previously, Bwalya’s lawyer, Mr. James Mataliro informed magistrate Chibwili that his client was not before court due to an illness.
The state further submitted that they wish to withdraw charges against Bwalya who is accused number in the matter.
In this matter, Bwalya is jointly charged with Dr Malama and former Ministry of Health Permanent Secretary for Administration Kakulubelwa Mulalelo and seven others.
The accused persons are jointly charged with willful failure to comply with applicable law and procedure contrary to Section 34 (2) (b) of the Anti-Corruption Act number 3 of 2012.
Other accused persons includes: Dr. Gardener Syakantu, Dr. Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke, Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Dr. Maximillian Bweupe, 51, Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines and Dr. Jabbin Mulwanda.
In his ruling, magistrate Chibwili ruled that since there was no objection from the defense, he discharged Bwalya.
Magistrate Chibwili then read all the four charges and all the eight accused persons denied the charges against them.
The court has adjourned the matter to October 2, 2023 for possible trial awaiting ruling on preliminary issue raised by defense that the accused person cannot proceed with the matter without consent from the DPP which the state have not presented before court.
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