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High Court ordered to apologise for wrongful sentence

ZAMBIA Prisons Service commissioner Percy Chato's wife, Irene (right) presenting a bag of bag of salt on behalf of Eagle’s Women’s Club. The Club donated assorted goods and food to inmates in Kamfinsa Prison on Saturday. Picture: NKOMBO KACHEMBA.

THE Supreme Court has ordered the Ndola High Court to apologise to a female convict who has wrongly been serving a five-year jail sentence with hard labour instead of simple imprisonment for assaulting a child.
Convict Ireen Chungu appeared before Supreme Court judge Gregory Phiri, who sat with judges Munyinda Wanki and Elizabeth Muyovwe last week in Kabwe.
“We order that the five-year imprisonment with hard labour be quashed…we order the clerk of this court to apologise to the appellant,” Mr Justice Phiri said.
The Ndola High Court, on May 21 last year, convicted Chungu for assaulting a child, contrary to Section 245(a) of the Penal Code.
Chungu had, however, appealed against the conviction and sentence, but later abandoned the appeal.
Mr justice Phiri said the Supreme Court noted that Chungu was sentenced to serve a simple imprisonment, yet she was serving a five-year imprisonment with hard labour.
He also said the court was dismissing Chungu’s appeal because she decided to abandon it.
Earlier, Legal Aid Board counsel Bridget Pizo informed the court that her client was abandoning her appeal.
Meanwhile, the Supreme Court upheld 17 years imprisonment with hard labour for Peter Chungu of Ndola, who was convicted for child defilement.
Chungu was convicted and sentenced on May 20, 2006 by the Ndola High Court.
The Supreme Court dismissed his appeal and told him that he would serve the sentence that was slapped on him by the Ndola High Court.
Before the same court was Patrick Mulela of Lusaka, who opted to abandon his appeal against conviction for defilement and 18 years imprisonment with hard labour.

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