PRINCIPAL resident magistrate David Simusamba has deferred to October 14 judgment in a matter where Chishimba Kambwili is facing charges of forgery, uttering a false document and giving false information to a public officer.
Magistrate Simusamba said he could not deliver judgment yesterday due to circumstances beyond his control.
“Unfortunately, I am not ready to deliver judgment this morning. It will be delivered on Wednesday at 10:00 hours,” magistrate Simusamba said. “The circumstances that have led to me not delivering judgment are beyond my control. My sincere apologies to the parties and the accused for the inconveniences caused. Judgment will be ready on Wednesday by 10:00 hours.”
On September 21, magistrate Simusamba abruptly stopped proceedings in the matter owing to the failure by Kambwili’s lawyers to conclude defence.
Kambwili’s lawyers could not conclude defence in the matter as earlier directed by the court on grounds that they were engaged before the superior courts.
Magistrate Simusamba rejected the application for an adjournment and terminated Kambwili’s defence at the peril of his lawyers and set October 12 as date for judgment.
“I have given ample time to the accused to prepare defence, and now I close the case. The application for an adjournment is denied and I will render my judgement in two weeks,” said Magistrate Simusamba, then.
Kambwili’s criminal charges are in relation to the registration of Mwamona Engineering and Technical Services Limited.
According to the complainant, Economic and Equity Party leader Chilufya Tayali, the registration of Mwamona had anomalies as a different national identity card number was used to register Kambwili’s son Mwamba as one of the directors of Mwamona.
Tayali’s contention was that Mwamba was a minor to obtain a National Registration Card (NRC) at the time he was registered as a director of Mwamona. He disclosed that the documents, in particular a no change return at Patents and Companies Registration Agency (PACRA), were signed by Kambwili on the pretext that they were signed by Mwamba when in fact not.