Suffland Mulumbwe v People (Appeal No. 148 of 1985) [1989] ZMSC 140 (12 January 1989)

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT LUSAKA (Criminal Jurisdiction) Appear No; 148 of 1985 .. •. '. ',·1··, SUFFLAND MULUMBWE V THE PEOPLE Appella~t ' ,· .. ·:· ,. '" '.\ '·• " ;, . Respond1rt '·;} :· ~· ''•\ CORAM: Gardner, Ag. D. C. J., Bweupe and Challa, Ag. JJ. S., 1-1. He?riq•Jes, Senior Legal Aid Counsel, for the appellant G. S. Phiri, Senior State Advocate, for the, respondent,,, .~ .. ·. ' ; . ' JUDGMENT Gardner, Ag. D. C. J., delivered the judgment of the court • The appellant was charged with thirty-five, .. counts of theft . · • • ,, ~ ' .,. ' • ~ • • • •· ~• V ,: ',,, ' ' ' Q_) by public servant and fradulent false accounting. , . At his trial, . it was submitted that the number of count~ ·~as embarra~sing and·•···. should be reduced. The trial magistrate did.not accept this argument and ordered that the appellant must stand trial on all of the counts. Thereafter the appellant was permitted to appeal to the High Court agai,nst· that decision. Th~ High Court-refused the appeal eri,,:iits merits· :and the appellant has appealed to _this court •. Miss Henriques on behalf of the appellant· indicated that he . ,, wishes to withdraw the appeal. This is a very proper course to take because there was no right of appeal to this-court and not even-to the High Court. In the result therefore l~ave is granted to abandon· the appeal.. The appeal will be dismissed and_ it is ordered that the case be sent back to the Subordinate Court for tr_ial. Bail will. continue until such time as the matter is before the Subordinate Cou.rt. . ' . . :"-_: ,: ~(~' '- :.• ~.'.'. (,( .~ ····················~····~····· B. T. Gardner 1 I , , •1•, " ACTING DEPUTYUCHIEF'JUSTICE ··························••-•···· > a: K. Bweupe ACTING·SUPREME COURT'JUDGE ' ' ························••·••····· M.s:-Chan'a ; •··, ' ACTING SUPREME COURT JUDGE '. --~ ""'"' ,, t l.~ ),. , .•