Kambwili gets another court warning
HIGH Court Registrar David Simusamba has warned that he will take appropriate action against former Roan member of Parliament Chishimba if he again fails to open his forgery defence.
Last Thursday Mr. Simusamba threatened to put Kambwili on warrant if he failed to appear yesterday after the court was informed that he had been admitted to the University Teaching Hospital (UTH) after his condition worsened from Wednesday.
Yesterday the National Democratic Congress (NDC) leader appeared but could not open his defence after lawyer Emmanuel Kaluba Bwalya from Musa Mwenye
Advocates, a law firm which is now representing Kambwili, applied for an adjournment on grounds that Mr. Mwenye was busy with other matters at the High Court.
Deputy Chief State Advocate Margaret Chitundu did not object to the application for adjournment.
In his ruling Mr. Simusamba described the adjournment as unfortunate and a continuation of what has been a trend since the case started in 2018.
He said it was unfortunate that Kambwili only chose to instruct his new lawyers on Monday this week when he was aware of yesterday’s date.
Mr. Simusamba, who sits as Principal Resident Magistrate in the matter, said he had given Kambwili in excess of one month to find new lawyers after his previous ones withdrew from defending him for undisclosed reasons.
“Be as it may, I will reluctantly grant the adjournment and further warn that defence will have to start on 20th March 2020 failure I will take appropriate action because the accused person was given an opportunity,” he said.
Kambwili was found with a case to answer on November 28, 2019 for alleged forgery, uttering a false document, and giving false information to a public officer but to date he has not commenced his defence.
Particulars of offence are that on October 29, 2013 with intent to defraud or deceive, Kambwili forged a “no return” (companies form 71) purporting to show that it was genuinely signed by his son Mwamba when in fact not.
The further allegation is that on the same date he knowingly and fraudulently uttered the same document, relating to Mwamona Engineering Technical Services, to an officer at Patents and Companies Registration Agency (PACRA).
This was when Kambwili served as Youth and Sport minister in late President Sata’s government. Last month when he was scheduled to start his defence after the case was adjourned from December 6, 2019, his then lawyers dumped him for unknown reasons.
He then asked the court for one month to enable him find money to pay new lawyers.