Social media blogger Chitambala gets bail, appeals against conviction

Social Media blogger, Simon Mwewa, Chitambala, has appealed against his six months simple imprisonment conviction for malicious damage to property.

He argued that there was no evidence adduced by the prosecution to prove his identity as the person who committed the crime.

Read more: ‘Behave like a responsible member of society,’ court tells blogger Mwewa as he gets jailed six months

Meanwhile, Lusaka Magistrate, Fine Mayambu, on Monday granted Chitambala bail pending appeal in his recognizance in the sum of K20,000, plus two traceable sureties in the like sum.

The convict was found guilty of deflating two tyres of a Hiace passenger estimated to be K4,600 using a sharp instrument, The bus was reportedly parked near his Simosom building.

He, however, pleaded not guilty to the offence.

Chitambala has, however, filed a notice of appeal contending that Magistrate Mayambu erred in law and fact when he held that the prosecution had proved his identity as the person that had deflated the tyres of the Hiace bus .

“I’m the face of contradictory evidence from PW1 and PW3 where PW1 alleged that he heard air pressure coming out from the left front and rear tyres and subsequently saw the accused walk in front of the bus with a knife while PW3 alleged that he heard the front tyre, disembarked and saw the accused stabbing the rear tyre,” he argued.

He contended that the trial Magistrate erred in law and in fact when he did not take into account the fact that the police officer who testified as PW4 did not discharge his duty when carrying out investigations as no eye witness count was taken.

Chitambala further argued that the six months imprisonment sentence was excessive in view of the value of the damaged property and the fact that he was a first time offender.

A witness, Detective Sergeant, James Lungu of City Market police post, had testified that Chitambala maliciously damaged tyres of Toyota Hiace vehicle belonging to a complainant, Ricky Nyimbili.

Lungu said on June 2, 2023, Nyimbili had parked his mini bus on Kalusha Bwalya road waiting for his turn to load passengers.

The officer said the defendant used a sharp instrument to deflate two tyres without saying a word to the complainant.

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