Vlogger Chitambala Mwewa has submitted in court that the six months jail term imposed on him was excessive considering that he is a first offender.
Mr Mwewa further submits that the punishment imposed on him was also excessive in view of the value of the tyres he is accused of damaging maliciously.
The two tyres on Hiace minibus he is accused of deflating were valued at about K4,600.
Through his lawyers, Mr Mwewa submits in court that the magistrate who jailed him erred in law and fact when he choose to impose the six months jail term.
“The learned trial magistrate erred in law and fact when he elected to sentence the accused to six months imprisonment which sentence was excessive in view of the value of the damaged property and the fact that the accused is a first time offender,” the lawyers submit.
The arguments above are contained in Mr Mwewa court documents in which he has appealed against the six months jail term imposed on him last week.
Lusaka magistrate Fine Mayambo jailed Chitambala after finding him guilty of deflating tyres for a mini bus which was parked on Kalusha Bwalya Road, near the Simoson Building, which the convict owns.
Chitambala was charged with malicious damage to property, which attracts a maximum two years jail term.
It was alleged that on June1, last year, Chitambala maliciously two tyres worth K4, 600, on a bus belonging to Benjamin Chalamuka who had engaged Ricky Nyimbiri to operate it.
The accused pleaded not guilty and the prosecution called four witnesses.
During hearing, Mr Nyimbiri, narrated that he loads and offloads passengers at City Market and that on the material day, he was on Kalusha Bwalya Road, in a queue of busses.
Mr Nyimbiri said he then heard sound of air pressure from the types of the hiace bus he was driving before he saw a man in a reflector with a knife.
He said two tyres on the bus he was driving were deflated.
When Mr Nyimbiri followed the suspect, he later identified him as Mwewa Chitambala, whom he had known since 1992.
Magistrate Mayambo later found Chitambala with a case to answer and placed him on defence but he opted to remain mute before being jailed.
The businessman has since appealed against the verdict, raising five grounds of appeal.
Through his lawyers, Messrs K&M Advocates, the appellant argues that magistrate Mayambo erred in law and fact when he held that the prosecution had proved his identity in the face of contradictory evidence.
The lawyers further contend that the magistrate erred in law and fact when he found that the accused wilfully and intentionally deflated the tyres on account of him walking away without saying anything.
(Mwebantu)
Eish, it’s a pity reading through what they are appealing against! I mean, the case is about malicious damage &he is found guilty.
The second thing is, the maximum sentence is 2years while 6 months being minimum. The Convict, Chitambala, was given a 6 month imprisonment, the very minimum for that case. So, what else does he expect, after being found guilty &having no defense, at all?
I mean, it’s insane to expect no punishment, at all. Or, how is it going be a deterrent to those that have a tendency of taking the law into their own hands?!