By MUYANI SHINJABALE
NATIONAL Democratic Congress (NDC) consultant Chishimba Kambwili yesterday walked to freedom after the Luanshya Magistrate’s Court granted him bail in the case of unlawful assembly.
Kambwili, who spent a night in the cell at Luanshya Central police, was brought to court under heavy police guard around 14:00 hours.
The court premises and surrounding areas had heavy presence of police while roads were sealed off to keep relatives and supporters at bay.
Ndola principal resident Magistrate Obister Musukwa granted Kambwili bail of K30, 000 in his own recognisance with two working sureties.
Kambwili was charged with unlawful assembly along with 11 AVIC International workers who were also released on bail. They all denied the charge.
This was after Lawyer Christopher Mundia applied for bail pending trial.
It was alleged that Kambwili on Sunday assembled with 11 others with intent to carry out some common purpose.
They are alleged to have conducted themselves in a manner likely to cause persons in the neighbourhood reasonably with fear that they would commit breach of peace.
Kambwili was represented by Mr Mundia, Caristo Mukonka and Zyenyanji Sinkala.
The workers were Christopher Dana, Remmy Munshya, Davis Chikwanda, Winstone Said, Remmy Chileshe, Pumulo Lishu, Austine Shaws, Joshua Mwelwa, Kabuswe Chota, Martin Daka and Rubby Nsampa.
Mr Musukwa adjourned the matter the 11, 12 and 13 of February 2019 for commencement of trial.
Meanwhile the Lusaka Magistrates’ Court has refused to summon Deputy Inspector Generals of Police Bonny Kapeso and Eugene Sibote for contempt of court.
This is in a matter in which Kambwili is charged with his son Mwamba, his Mwamona Engineering Technical Services Limited, and two Zambia Revenue Authority officers Brano Musonda and Mulenga Kapilima for allegedly possessing money suspected to be proceeds of crime, forgery, and abuse authority of office.
When the case came up for continued trial yesterday before Principal Resident Magistrate Mwaka Mikalile, one of Kambwili’s lawyers Keith Mweemba told the court that his client was not before court because the police, through Mr. Kapeso and Mr. Sibote decided to arrest him on Thursday and took him to Luanshya.
Mr. Mweemba said he and two other lawyers Christopher Mundia and Gilbert Phiri tried to reason with the police but they were so adamant and that Copperbelt Commissioner of Police Charity Katanga simply stated that Kambwili must be on the Copperbelt without fail despite the lawyers explaining that he was supposed to be in court yesterday.
But public prosecutor Silumesi Muchusha objected on grounds that the route Mr. Mweemba had taken amounted to giving evidence at the Bar, which should be subjected to cross examination.
Ms. Mikalile however allowed Mr. Mweemba to proceed after which he said they tried to reason with Mr. Kapeso and Mr. Sibote but that Kambwili was arrested in the latter’s office and taken to Luanshya.
He then applied to the court to issue an order to summon Mr. Kapeso, Mr. Sibote, and Ms. Katanga to show cause why they should not be cited for contempt of court for allegedly disobeying a court order even when they were informed.
But in her ruling, Ms. Mikalile said she will not summon the three but warned that such conduct will not be tolerated in future and adjourned the matter to December 10, 2018 for mention and fixing of trial dates.