By Agness Changala
Lawyers representing Chishimba Kambwili say they are ready to defend the cross appeal lodged by Director Public Prosecutions (DPP) Gilbert Phiri, against their client’s five month jail term.
Kambwili’s lawyer confirmed the cross appeal through Chola Chama legal practitioners, a law firm based in Kasama.
Last week, Kasama magistrate Samson Mumba sentenced Kambwili to 5 months imprisonment after he was found guilty of practicing hate speech.
He was charged with the offence of expressing hatred and ridicule of the people of Southern Province based on tribe and place of origin.
On Monday, he was admitted to bail in the sum of K300, 000 with two working sureties in the like sum, pending his appeal against both the sentence and conviction.
He was also ordered not to discuss his case until it is disposed of as well as surrender his passport.
But Phiri in notice of appeal dated December 5, has stated that he will appeal to the High Court against the sentence of the Kambwili.
He also indicated his desire to be present when the court considers the appeal.
“I, the above named appellant, hereby give notice that I desire to appeal to the High Court against the sentence of the accused person. I desire to be present when the court considers the appeal,” Read the notice in part.
Contacted to find out if the notice has been received, Mambwe said, “Yes we have been served the notice where the State is appealing against the sentence. I received it yesterday. There is a lawyer Chola Chama who is our local agent there in Kasama so they served him. We are going to proceed and obviously defend the cross appeal once we are served with the respondent’s heads of arguments,” said Mambwe.
