A SENIOR Boma Local Court magistrate who was slapped with a three-year jail sentence with hard labour for corrupt practices involving K5,000 as a reward or inducement in a divorce matter he was presiding over, has been released on bail pending a High Court appeal.
Kaputo Modest N’gandwe was granted K5,000 cash bail with two working surities in the like some by Chief Resident Magistrate Aridah Chulu after his lawyer Mr Hobday Kabwe made a bail application pending an appeal. Mr Kabwe in his grounds of appeal stated that the finding of facts made by the trial magistrate was not based on balanced evidence. It was also stated that the conviction was not supported by evidence adduced in court and that the judgment was per curium and had been proceeded expermpore. Mr Kabwe also submitted that the sentence given was excessive.
But the State had objected to the bail application, stating that the grounds of appeal were exceptional.
And Ms Chulu indicated that she had no objection to grant N’gandwe bail pending High Court appeal.
N’gandwe, 43, of house no. 14700/M Libala South in Lusaka, was sent to jail after the prosecution proved their case beyond doubt.
N’gandwe was arrested by the Anti-Corruption Commission for corrupt practices involving K5,000 on October 9, 2013 and charged with corrupt practices by public officer contrary to Section 19 (1) as read with Section 41 of the Anti-Corruption Act no. 3 of 2012.
It was stated that N’gandwe, jointly and whilst acting together with other unknown persons, corruptly solicited for a sum of K5,000 and actually received K1,500 cash gratification from Mr. Mwaba Munkondya as a reward or inducement for N’gandwe to pass judgment in Munkondya’s favour.
This was in a divorce matter before the local court that was being presided over by N’gandwe.