Thu, 01 Dec 2016 10:00:17 +0000
THE absence of the prosecutor means that Chanda Chimba will spend another 8 days in prisons because his bail hearing could not be heard by the court.
No explanation was offered why the prosecutor was not in court to respond to the application which Chimba who is suffering from prostate cancer made before the court.
The application by Mr Chimba’s lawyer Charles Lisita was adjourned to December 8 due to the absence of the State Prosecutor Martin Mayembe of the Anti-Corruption Commission (ACC) who was reported to be attending to other matters in Chipata, Eastern Province. The bail application has been adjourned by Ndola Magistrate Obister Musukwa.
Mr Chimba had applied for bail pending an appeal against his 2 year jail sentence and his fine of K1000 in default to 12 months imprisonment. This was after he was found guilty of two counts of unlawful printing and publication of two tabloids namely ‘News of Our Times’ and ‘Stand Up for Zambia’. He was also convicted on one count of disposal of property suspected to be proceeds of crime. In his three grounds of appeal Mr Chimba has accused the learned trial Magistrate that he erred in law and fact by holding that there was duplicity in all the counts charged.
He further accused the learned trial Magistrate of having erred in law and fact by declining to consider amending the charge under the forfeiture of proceeds of crime count. Mr Chimba added that further grounds might be filed upon perusal of the court record and judgement of the court.
He has further applied to the High Court to be heard although entered out of time and that the reasons for the delay in entering the appeal and the grounds which he submitted should be heard.
On Tuesday Ndola Magistrate Obister Musukwa jailed Mr Chimba 2 years imprisonment with hard labour.
In the same matter Mr Musukwa acquitted former Information and Broadcasting Minister Ronnie Shikapwasha and his former permanent secretary Dr. Sam Phiri on abuse of authority of office.
