SOON after being jailed, former Special Assistant to the President for press and public relations Amos Chanda, his wife Mable and his sister in-law Ruth Nakaundi appealed against the seven month jail term imposed on them.
On Wednesday, Mr Chanda and the two woman were jailed seven months for obstructing Anti-Corruption Commission officers who went to search at his house.
The trio were later fined K135 each after being found guilty of showering unpublishable Bemba insults on ACC officers who were conducting a search at the former Government official’s house.
But the convicts have appealed against the judgement.
In their notice of appeal, the appallents contend that Ndola Chief resident magistrate Dominic Makalicha, who sat in Lusaka, erred in law and fact when he convicted them for the offense of use of insulting language and instruction of of Anti-Corruption Commission(ACC) officers.
Mr Chanda and the two women argue that the magistrate erred because he convicted them when there was no sufficient evidence tendered by the prosecution warranting the conviction.
They further contend that the learned magistrate misdirected himself and erred in law and fact when he rendered a custodial sentence of seven months against the appallents.
The convicts argue that the magistrate erred im law and fact when he avoided the evidence of the defence and cross examination to uphold his final ruling at no case to answer stage.
“The trial court erred in law and fact when it proceeded to convict the appallents based on a charge sheet that was amended,” the notice dated March 13, 2024 reads in part.
When jailed the trio on Wednesday, rebuked the convicts for insulting law enforcers.
Mr Chanda and the woman poured insults on the officers calling them monkeys, idiots, and other deep Bemba insults which the magistrate even confessed hearing for the first time.
Magistrate Makalicha wondered how the convicts could turn at ACC officers who were conducting a search at the house in line with their duties, through a court order, whose execution is in the name of the President.
“What you did was very wrong and against the law, the officers were not doing the work in their own capacities, they did that on behalf of the institution, under the order of the court,” magistrate Makalicha said.
He said the insults showered on the female and male officers belittled the ACC, a very important institution.
“ACC is a very important institution of governance, and the convicts know and understand the role of the institution in our country, their job was simply allow the officers to do their work,” the court said.
The magistrate added that the convicts should have simply allowed the officers to do their job “then you challenge them thereafter, if there is anything to challenge, other than subjecting such insults”.
Magistrate Makalicha said having held a high position in the civil service, Chanda was expected to prevent the women from committing the crime but the opposite happened.
“Very unfortunate!” and “the convicts needed to be punished to prevent others in the habit of insulting and obstructing officers conducting their duty”
“If this is allowed to continue, people be scared even to join ACC for fear of being insulted”.
(Mwebantu)
Careful with these appeals. You may just get an even stiffer sentence. That Chanda if he hadn’t appealed would’ve served his time by now and only paid back k300m. Now other than time and the cash to be paid back, the higher court has included interest on the cash.