They demanded Banda's discharge on July 29, when the court granted the last adjournment, again at the request of the prosecution.
Banda's lawyers argued that he be discharged because the state was not ready to prosecute as evidenced by several applications for adjournment. They were responding to another application to allow the prosecution time to obtain fresh instructions from the Director of Public Prosecutions (DPP). The defence lawyers argued against and insisted that the prosecution had clearly failed to incriminate their client who should now be discharged. Banda's advocates noted that the state had at the last sitting asked for 20 days' adjournment to obtain the same instructions but was still not ready. They said it was clear that the state had unduly delayed to prosecute.They further applied that any adjournment henceforth should be on condition that Banda is acquitted at the next sitting if the state is again not ready."Our submissions are on the premise that this court had warned the state at the last sitting to ensure that they obtained fresh instructions," they said.
Principal resident magistrate, Obbister Musukwa, agreed with the defence and observed that there appeared to be a lack of seriousness by the prosecution who had adopted a laissez-faire attitude. "This attitude by the State is raising serious concerns and in my view the accused's submissions are genuine and valid. I hope in the next sitting the state will be ready to prosecute," he said.The prosecution said they would be ready but needed this adjournment. "In the next sitting, we shall have instructions... We pray for the last adjournment," they pleaded. The matter was adjourned to August 30.This is the second criminal case that the former president is facing. In the first, he is charged with abuse of office in connection with a US$2.5 million crude oil procurement deal with Nigerian businessmen. It is alleged that the US$2.5 million paid by Zambia for the consignment ended-up in an offshore account in Singapore held by a member of Banda's family. The former president has denied the charge. Hearings are in full swing and the court has heard testimonies from an executive of the Nigerian company that brokered the alleged deal, Banda's "envoy" on the issue and staff of the Zambian mission in Abuja. Hearings continue.Banda, who replaced former president Levy Mwanawasa who died after suffering a stroke while attending an African Union (AU) summit in Egypt in 2008, was arrested for the second time on April 14 this year and charged with "concealment of gratification" involving nine light trucks. He is again denying the charge. Banda is on police bond and first appeared in court on that charge on April 30. He is alleged to have corruptly received nine motor vehicles from Sogecao Zambia Ltd some time in 2011. Sogecao is a subsidiary of the Chinese company - Annui Foreign Economic Construction Company - that built the ultra-modern sports stadium named after the deceased Mwanawasa in Ndola.
