SOON after being jailed, Pambeshe lawmaker Ronald Chitotela’s lawyers indicated that their client will appeal against the 10 year imprisonment imposed on him for arson.
During trial, the former cabinet minister was represented by Kapamba Kombe, Jonas Zimba, Frank Lungu and Benjamin Mwelwa.
After their client was found guilty, the lawyers had applied that the Kabwe High Court should review the conviction before sentencing the convict but the judge refused.
Frank Lungu, one of the lawyers, told journalists yesterday, the defence expected the court to review the conviction before sentencing.
“We are definitely appeal[against the sentence],” Mr Lungu said as Chitotela and two others were taken to a maximum correctional facility.
Yesterday, the Kabwe High Court sentenced the Patriotic Front (PF) lawmaker to 10 years imprisonment with hard labour for arson during 2021 general election campaigns.
Judge Irene Mbewe, who sat in Kabwe, jailed the former Minister of Tourism alongside his brother Kunda Chitotela while the third convict is Davies Kaniki.
The court found convicted the trio for setting ablaze a Mahindra vehicle belonging to the United Party for National Development Luapula Province youth committee during campaigns for the 2021 general election.
When passing the verdict, the adjudicator, who condemned political violence, noted that the convicts committed the crime during elections.
Judge Mbewe said the burning of the car was done either aimed at causing fear or intimidating political opponents, adding that the elections should not be characterised by violence or any action that will cause people to be afraid.
“In a civilised democratic dispensation such as Zambia, each candidate should sell his or her ideas by not demeaning or intimidating others,” she said.
Judge Mbewe considered the damage caused to the burnt before imposing
“In respect of all the convicts Ronald Chitotela, Davies Kaniki and Kunda Chitotela, I impose the minimum sentence of 10 years imprisonment with hard labour from the date of conviction,” the judge ordered as the convicts’ relatives wept.
The matter came up for confirmation of conviction and the sentencing after a lower court found the convicts guilty.
On July 22, 2024, Kawambwa Magistrate Martin Namushi convicted the trio of the arson and committed them to the High Court for sentencing.
When the convicts first appeared before Judge Mbewe on December 2, 2024, their lawyers applied that the Judge should vary the conviction imposed on their client by magistrate Namushi.
The case was then adjourned to yesterday for ruling on the application for variation of the conviction
But Judge Mbewe dismissed the application for variation of the conviction because it was forum shopping” and “an abuse of court process.
Defence lawyers had pleaded for leniency before the verdict was passed.
However , the judge said arson is a serious offence with the potential of causing damage to property and human life.
“The behaviour of the three leaves much to be desired despite the presence of the police at the time to calm the situation the took the matters into their own hands,” Judge Mbewe said.
The judgement left the convicts and their relatives in tears.
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