Lusaka Principal Resident Magistrate, David Simusamba has refused to hear the bail application for incarcerated National Democratic Congress -NDC- leader, Chishimba Kambwili.
Magistrate Simusamba says there were several procedural defects in the notice of appeal, preceding the bail application.
In his ruling today, on whether or not to hear the bail application, Magistrate Simusamba said it was shocking, the manner in which the notice of the appeal was presented to him.
He explained that the contents of the affidavit in support of admission were shocking, in that they stated that the convict had been convicted and sentenced on October 12, 2020.
This was on charges of forgery, uttering a false document, as well as giving false information to a public officer, contrary to Magistrate Simusamba’s judgement, which was delivered on October 14, 2020.
The Magistrate also wondered how the convict could state in his notice of appeal that he was at Lusaka Correctional Facility, serving his sentence, when on the date of judgement, the convict was listening to his Judgement from the dock in court.