A medical report has revealed that one of the two men accused of abducting 13 young women is unfit to stand trial because he has a spinal injury.
But the State has rejected the document because the medical examination was conducted in March when the court had only ordered that the accused be physically examined this week.
Judge Charles Kafunda has since ordered that a fresh physical examination be conducted on the suspect in accordance with his order of Monday.
On Monday, the accused’s lawyer applied that his clients undergo a physical and mental examination to determine if they are fit to stand trial, a plea the court granted and ordered that the report be presented today.
But when the case came up, the prosecution informed the court that it was in receipt of a purpoted medical report dated March 23.
A prosecutor said the document shows that James Bwalya is unfit for trial because he suffered traumatic spinal injury.
“We are discouraged and disppointment with the report because the order of the court was for the accused to be examined in his present state. Meanwhile, the report submitted states that it is based on an examination conducted on March 23, 2023,” senior State advocate Bob Mwewa said.
Mr Mwewa also noted that the report does not give a possible date of review and as such, leaving the court matter without a return date from today.
In his ruling, Judge Kafunda noted that the report presented before him was “very casual” and that a medical personnel was supposed to have been in court to tender it.
“I order that a current examination be conducted on accused number one and the medical practitioner should be here to present the report as earlier directed,” he said.
He also ordered that the Ministry of Health permanent secretary should ensure that health personnel adhere to the court order and treat the matter with the seriousness it deserves.
Judge Kafunda ordered that a fresh physical examination report be tendered in court on April 17 together with the mental examination report for both accused.
James Bwalya and Mathews Sikaonga are charged with 54 counts of abduction, r@pe, assault, prohibition of trafficking in persons and aggravated robbery.
This is contained in a report published by Mwebantu.