Sensing an embarrassment on a possible acquittal for MMD President Nevers Mumba and others, the State has entered a Nolle in a matter in which Nevers and seven others were charged with unlawful assembly.
According to a source within the office of the Director of Public Prosecution, the DPP has instructed Kitwe District Prosecution office to discontinue the proceedings that came up for ruling today.
The source said after the defence raised some preliminary issues, it was evident that the Kitwe Magistrate was going to throw out the case and to avoid embarrassment, the state quickly entered a Nolle.
Another source said earlier in the morning Dr. Mumba together with others appeared in Kitwe Magistrate for ruling on preliminary issues raised but the court could not go ahead with the ruling because one of the accused Muchinga MP Howard Kunda is on Parliamentary business.
The matter was adjourned to March 29, 2013. It was surprising however that Dr. Mumba and his co-accused were called back to court in the afternoon by State Prosecutors who told them that they have received instructions to enter a Nolle. The Court could not however enter Nolle as the Magistrate in charge did not know about the new development and has since left his Chambers.
The prosecution has since advised Dr. Mumba and his co accused to go back to court on March 11, 2013 for formal discharge.
Sometime last year Dr. Mumba together with his co-accused were intercepted on the highway between Kitwe and Kalulushi before being arrested and charged with unlawful assembly.
Others are MMD Deputy National Secretary Chembe Nyangu, Lufwanyama MP Anne Chungu, MMD Copperbelt Women’s Chairlady Edith Mataka, Kafulafuta MP, Masaiti MP and a Mr. Greenfold Kalinde.
A source said the state has deliberately entered a Nolle so that they instil fear in the opposition leaders as they can be re-arrested on the same charge when President Sata or Mutembo Nchito feel so.