Chishimba Kambwili wants the Judge to recuse himself; the judge is biased
Roan Member of Parliament Chishimba Kambwili has written to the Judicial Complaints Commission asking that Magistrate Simusamba who one handling his case recuses himself.
In a letter dated 30th April, 2018 addressed to the secretary of the Judicial Complaints Commission, Mr. Kambwili wants the Magistrate Simusamba to recuse himself from the matter, due to what he has described as perceived and actual biasness.
Further, his lawyers have also asked the Lusaka High Court to order that his forgery docket be transferred from the Lusaka Magistrate’s Court to the High Court for review
Meanwhile, Economic and Equity Party president Chilufya Tayali has told the Lusaka Magistrate Court that he is not aware that President Edgar Lungu’s political advisor Kaiser Zulu called Roan Member of Parliament Chishimba Kambwili telling him that he would receive unprecedented levels of prosecution.
This came up during Mr. Tayali’s continued cross examination, in the matter in which Mr Kambwili is charged with three counts of forgery, uttering false documents and presenting false documents to a public officer.
During cross examination by Mr Kambwili’s lawyer Christopher Mundia, Mr. Tayali who is the complaint in the matter admitted knowing Mr. Zulu on a personal level, but expressed ignorance on the alleged threats made by Mr Zulu against the Roan MP.
And when asked to present evidence to substantiate his allegations that Mr. Kambwili used his influence as a minister to win contracts for Mwamona Investments, the company in question, Mr. Tayali said he was incompetent to substantiate his claims.
Mr. Tayali could also not disclose the name of the employee at PACRA to whom Mr. Kambwili’s alleged forged documents in relation to Mwamona Investments were presented.
This was after another of Mr Kambwili’s lawyers Keith Mweemba asked Mr. Tayali to disclose who Mr. Kambwili presented the uttered documents to.
The matter has since been adjourned to 4th May, 2018 for continued trial.