Charges preferred against Andrew Banda, former president Rupiah Banda and his business associate Antonello Locci are in bad faith and should therefore be dismissed, defence lawyers have said.
Making a submission before magistrate Joshua Banda, defence lawyer Eric Silwamba revealed that an affidavit had been filed in court demanding that the charges against the two should be quashed because they were in bad faith and not legal.
Mr Locci, 73, was arrested and charged on the ground that he agreed to the payment of 2 % solicited by Mr. Andrew Banda on all payments made by Road Development Agency (RDA) on current and future road construction projects.
The company, Fratelli Locci SRI Limited, is currently working on Mufulira roads LOT 2 and Ndola roads LOT 5 under the Formula One Programme.
The same company has been awarded to undertake road works on Pedicle road.
Mr Silwamba said the charges could not be sustained and there was need therefore to dismiss it.
A copy of the affidavit was served on the Director of Public Prosecution Mutembo Nchito who is expected to make a response to the application at the resumption of the trial today