29/01/2025
WHEN A PUBLIC LAWYER TELLS YOU TO DROP THE CASE, YOU SHOULD LISTEN, OTHERWISE YOU GET EMBARRASSED LIKE YO MAPS IN COURT
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I promised to keep you update on what will be happening in court on this case where Yo Maps and his wife want Elias Musyani to be jailed. Two witnesses have so far testified, and here is how it went down.
THE FIRST WITNESS WAS AN EXPERT FROM ZICTA
PW1: I'm from ZICTA
I'm a cyber security analyst.
I have 10 certificates.
On 20th April I was given a request to investigate a page called Elias Musyani.
I used our system and checked the page it belongs to Elias Musyani he opened it in 2010 and he is the only admin.
Ends.
CROSS-EXAMINATION
Lawyer: Do you know the offense Elias is standing trial for?
PW1: No
Lawyer: Then why are you here?
PW1: I don't know, I was just called to investigate.
Lawyer: Did you obtain a warrant to hack our client's account, and have you provided the warrant before the court?
PW1: I didn't present any warrant before court.
Lawyer: Is that legal?
PW1: I don't know.
Lawyer: Do you, as ZICTA, have any evidence linking Elias' Facebook account to the two counts he is facing before this court?
PW1: No we don't.
Lawyer: So you only came to tell the court that Elias opened a Facebook account in 2010?
PW1: YES
Lawyer: Is opening a Facebook account a crime?
PW1: NO
Lawyer: Then you have just wasted the courts time your presence here is irrelevant.
Ends.
The second witness (PW2) witness to take the stand was Elton Mulenga AKA Yo Maps.
Prosecutor: Witness state your name, age and what you do for your living to the Court.
PW2: My name is Elton Mulenga aged 30 years old and I'm a musician.
I will use bemba to address the court.
Prosecutor: Please tell the court why you are in court today.
PW2: In January and February Elias called my wife "Long face" on Facebook and other posts.
Defense Lawyer: Objection your Honor, the indictment doesn't include January or February lets stick to the actual dates when everything transpired.
Court: Prosecutor please guide your witness.
Prosecutor: Witness, don't include dates outside the scope of the case.
PW2: On April 8 I was out of the country in Malawi then a video of my wife in a club with guys was trending.
Elias tagged me in the video and asked if I was having an open marriage with my wife and that if it was him he wouldn't allow such from his wife.
I called Elias, and we had a mature conversation.
The next day my Lawyer told me that Elias was still insulting me, so I decided to have Elias arrested.
I also saw a post on Facebook of Elias threatening my family.
Elias also called me and my wife and insulted us
YO MAPS TRIES TO PRODUCE EVIDENCE IN A FLASH DISK
Apparently, the flash disk contained an audio of the altercation he had with Elias but it failed to play.
CASE ADJOURNED
After the audio failed to play, the case was adjourned but Yo Maps was still on the stand as a State witness.
CASE RECALLED AND YO MAPS TAKES THE STAND TO CONTINUE
Prosecutor: Witness, be mindful that you are still under oath.
PW2: Emukwai (Yes)
Prosecutor: Last time you wanted to play an audio from a flash disk but we had challenges, do you still want to play it?
PW2: Yes
FLASH DISK PRODUCED AND PLAYED SUCCESSFULLY
Prosecutor: So what do you want to say about the audio we just played.
PW2: This all issue affected me and my family such that I even stopped sending my child to school for 3 months.
Prosecutor: Is that all you want to say?
PW2: Yes
CROSSEXAMINATION OF YO MAPS
Lawyer: Do you know the charge Elias is facing before this court?
PW2: No.
Lawyer: Then why are you here as a witness?
PW2: I'm affected.
Lawyer: Do you know Elias?
PW2: No
Lawyer: If you don't know him, how did you get his number?
PW2: I got it from my wife
Lawyer: How did your wife, a married woman, end up with Elias number?
PW2: I don't know
Lawyer: You said Elias posted a video of your wife when she was trending and said if it was him he can't allow his wife to be in such a situation with other men and asked if guys are having an open marriage
PW2: Yes he did
Lawyer: You are a public figure and international musician are you aware that members of the public can give an opinion about your life and that of your wife when it is in public domain?
PW2: I'm not aware
Lawyer: Do you know the men who where with your wife in the said video?
PW2: Yes they were boyfriend and girlfriend so they were just having fun.
Lawyer: Boyfriend and girlfriend? But you as husband was not present at the time and you were in Malawi?
PW2: They are friends
Lawyer: That's not the question.
Lawyer:.......let's proceed back to Elias.
If I put it to you that Elias knows your wife, and they have been communicating and have a relationship, what would you say?
PW2: It's a joke....
Lawyer: Do you know all your wife's friends?
PW2: Yes
Lawyer: Do you know who a girl called Terisai a friend to your wife is?
PW2: No
Lawyer: But you said you know all her friends
YO MAPS JUST LAUGHS WITHOUT GIVING AN ANSWER
Lawyer: Do you know the difference between giving an opinion and harassment?
PW2: No
Lawyer: Did Elias harass you?
PW2: No
Lawyer: You said Elias insulted someone by the name of "Long Face" and threatened her?
PW2: Yes
Lawyer: What is your wife's name?
PW2: Kidist Kifle
Lawyer: Is her name Long Face?
PW2: He once called her long face.
Lawyer: Answer the questions!
Is your wife's name Long Face?
PW2: NO
Lawyer: You told the court that you stopped to your child from going to school for 3 months, and that you where also affected; do you have evidence of this?
PW2: No
Lawyer: Did you lose any business or suffer any emotional stress or trauma?
PW2: No
Lawyer: You have said so many bad things about Elias and what he said about your wife but you have not told this court tha Elias has also countless times said your wife is beautiful and said good things about her.....do you now have selective memory because you are trying by all means to send him to prison?
YO MAPS SUBMERGES AND SAYS NOTHING
Lawyer: No further questions on this witness
Ends.
CASE ADJOURNED
President Chilufya Tayali
