‘Simon Mwewa Lane’ escapes jail, slapped with K6, 000 fine

By GRACE CHAILE

SIMON Mwewa Lane yesterday escaped a six-month jail term after the Lusaka High Court reprieved him by overturning his sentence and instead fined him K6, 000 for malicious damage.
Chitambala was convicted in January for malicious damage to property after deflating the tires of a minibus parked near Simoson Building at City Market worth K4, 600 belonging to Benjamin Talamuka.
High Court Judge Ian Mabbolobbolo has set aside the six-month simple imprisonment and replaced it with a fine of K6, 000.
Failure to pay the fine will result in a maximum of three months’ simple imprisonment.
Chitambala had appealed the conviction and sentence, arguing that the lower court had erred in both law and fact. While the High Court upheld the conviction, it agreed with Chitambala that the sentence was excessive.
Chitambala’s lawyers had argued that the sentence was excessive, given the value of the damaged property and Chitambala’s status as a first-time offender.
“I find that there were no aggravating circumstances it would appear to me that the trial magistrate (Fines Mayambu) in imposing a custodial sentence was carried away by what he termed his disappointment to say the least for the person of the caliber of Mwewa to act so irresponsibly.
Quite clearly, the learned magistrate took into account extraneous matters which should not have been the case,