Amos Chanda, wife apply for bail

FORMER Presidential press aid, Amos Chanda his wife and his sister-in-law have applied for bail pending appeal in the Lusaka Magistrate court in a matter the court sentenced them to seven months simple imprisonment.

Chanda, his wife Mable Nakaundi and his sister-inlaw Ruth Nakaundi states in a notice of appeal that they are dissatisfied with the judgement of the Magistrate, Mr Dominic Makalicha delivered on March 13, 2024.

Chanda on October, 27 2021, in Lusaka used insulting language on three ACC Officers as they were executing their duties, conduct likely to give provocation to the named officers so as to cause them to break the peace or commit an offence.

Chanda's wife and Nakaundi, on October 27, 2021, in Lusaka, used insulting language repeatedly on named officers of the commission, conduct likely to give provocation to the officers so as to cause them to break the peace or commit an offence.

The trio, on the same date obstructed and delayed officers of the Anti-Corruption Commission in the lawful exercise of their duty to search House No. 67, Elm Road, Woodlands in Lusaka, when they stated that the keys to the bedrooms were with another person purported to have travelled out of town when in fact not.

On Wednesday, Mr Makalicha found Chanda and the two guilty and sentenced them to seven months simple imprisonment and fined each of them K135 for using insulting language and obstructing ACC officers.

The three filed summons for bail pending appeal pursuant to section 332 of the criminal procedure code cap 88 of the laws of Zambia.

They intend to appeal to the High Court against the judgement on grounds that the learned magistrate misdirected himself in law when he convicted them of the offence of use of insulting language and obstruction of ACC officers when there was no sufficient evidence tendered by the prosecution warranting the conviction.

They also filed that the magistrate misdirected himself and erred in law when he rendered a custodial sentence of seven months.

"The trial magistrate erred in law and fact when he avoided the evidence of the defence and the cross examination to uphold his final ruling at no case to answer and also the trial Court erred in law and in fact when it proceeded to convict the appellants based on a Charge sheet that was amended," read the document.

The three also pleads with the court that they were on police bond throughout the trial leading to their conviction and complied with all the conditions set therein.

"We are persons of fixed abode and capable of bringing sufficient sureties and we will undertake to abide by any other reasonable conditions that the Court may attach to our bail," they said.