Court News

Amend charge in yellow book forgery case, State ordered

MWILA NTAMBI, Kitwe
KITWE senior resident magistrate Daniel Musonda has ordered the state to amend a charge in a case where two men are accused of forging yellow fever vaccination booklets.
Magistrate Musonda made the order in his ruling on Tuesday following an application by the defence last Friday.
In the first count, Andrew Munang’andu, 39, a peasant farmer of house number 9307 Chimwemwe township in Kitwe and Michael Bbuyuma, 31, a loader at Inter-Cape Bus Services are jointly charged with forgery.
Particulars of the offence allege that the duo, on dates unknown but before October 7 this year in Kitwe, forged yellow fever vaccination booklets purporting to show that they were prepared by authorised signatories at Kitwe City Council clinic when in fact not.
The two accused men denied the charge.
In the second count, the two are charged with making and being in possession of paper or implements for forgery.
But the accused, through their lawyer Victor Michelo, on Friday argued that the indictment in the second count had the potential to embarrass them because it had an element of duplicity.
In his ruling, magistrate Musonda agreed that the charge in count two indeed had an element of duplicity.
He said it was a practice in law that only one offence should be charged in a given count except for offences such as burglary and theft.
And magistrate Musonda granted the two accused men K5, 000 cash bail each and ordered them to raise two credible sureties in the same amount but in their own recognisance.
The state, through prosecutor Juma Banda, sought an adjournment of the matter to allow them look at the defective count.
Magistrate Musonda adjourned the matter to October 20 this year for possible plea in the second count.



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