Lawyers Blackmail State Witness

Defense  lawyers have asked the Magistrate’s Court not to allow the female court official who was turned into a State witness to testify against her hitherto coaccused on moral grounds. The defence lawyers told the court that they do not want to subject Florence Mushoka, who was initially among seven court officials accused of stealing cocaine, to cross-examination because they know so much about her. On Wednesday, the State entered a nolle prosequi for Mushoka, a court interpreter, and turned her into a State witness. Seven court officials, now six, excluding Mushoka, and two businessmen are facing several counts of trafficking in narcotic drugs and two counts of theft by servant.

They are charged with trafficking in 80.11 grammes of cocaine without lawful authority. Between November 1, 2017, and September 14 last year, the eight allegedly trafficked in 80.11 grammes of cocaine without lawful authority. In other counts, it is alleged that between August 4 and 9 last year, the court officials used their positions to steal 24 kilogrammes of cocaine, the property of Government.

When the matter came up for trial on Wednesday before magistrate Victoria Chitulangoma, the State entered a nolle prosequi in respect of Ms Mushoka. A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit. Soon after the court discharged her of the case, Mushoka took the witness stand in readiness to testify against her hitherto co-accused.

But defence lawyer Keith Mweemba asked for an adjournment to enable the defence “put its house in order” following the State’s “surprising” decision to enter a nolle prosequi and immediately proceed to trial. And when the matter came up yesterday, state advocate Sipholiano Phiri asked Mushoka to take the witness stand. But Mr Mweemba immediately rose, questing whether it was fair for the State to allow Mushoka to testify when the defence team once represented her in the same matter.

“Will it be fair to subject her to crossexamination by lawyers who know so much about what she shared [when she was a suspect]? I would not want to disclose certain issues against her,” he said as the State maintained that Mushoka should testify. The matter was adjourned to a later date for the defence and the State to reach a conclusion.

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