………the Doctor’s Orders Prevail over anything………
The Editor Zambia
There is nothing sinister about the State failing to present Emmanuel Jay Banda before court on account that the doctor handling him has not permitted it. 
When a medical practitioner certifies that a person is unfit to appear, the State has a legal and moral duty to respect that advice.
High Court Judge Geoffrey Mulenga has asked the State to produce a medical report indicating the condition of former Petauke Central Member of Parliament Emmanuel Jay Jay Banda, after it failed to produce him for a habeas corpus hearing, on account that the doctor handling him has not permitted him.
But it should be understood that to force a sick person into court against medical advice would not be justice, it would be cruelty.
In the past, courts have admitted sick notes from suspects who were not before the court.
This is not a new invention created for Jay Banda, it is an established practice in the administration of justice.
Courts routinely adjourn matters when a suspect is ill, and they rely on medical evidence rather than speculation. The law recognises that illness is a valid reason for non-appearance.
How can you bring a patient to court? The question is simple but important. A courtroom is not a hospital, and a trial cannot proceed fairly when the accused is not in a condition to understand proceedings, instruct lawyers, or defend himself.
Those demanding his immediate production should ask themselves whether they want justice or spectacle. The answer is that they are being mischievous and creating a scene.
When he recovers fully, he will be presented before the courts. There is no suggestion that the matter has been abandoned or that he will never face trial.
The case has only been delayed on medical grounds, and the State remains obligated to produce him once he is declared fit. Patience in such circumstances is not weakness, it is respect for due process.
It is also ironic that when he was talking nonsense, some people jubilated. The same voices that celebrated his utterances when they suited their political narrative are now demanding his presence as if they are concerned about the rule of law.
Their concern is selective, and it is driven more by politics than by principle.
Security wings have their own way of handling suspects, especially high flight-risk individuals who have a record of escaping lawful custody.
The State has a responsibility to secure a suspect and to prevent a repeat of past incidents. Security arrangements cannot be dictated by public pressure or by those who want to turn a serious criminal matter into a political show.
In the end, the public should relax and allow the process to take its course. A sick note is not an acquittal, and a delay is not a conspiracy. When Jay Banda is medically fit, he be charged accordingly, he will be brought before court, and justice will be allowed to proceed without drama or endangering his health.
