LUSAMBO LOSES BAIL BID AGAIN
By CHIKUMBI KATEBE THE ECONOMIC and Financial Crimes division of the High Court has dismissed an application by incarcerated former Kabushi Member of Parliament Bowman Lusambo for bail pending appeal that it does not have the likelihood to succeed as it lacks the threshold required by law. A three-member panel of judges which included Ian M Mabbolobbolo, A. Malata-Ononuju and Sekelebaka Muwamba, the court said although it enjoyed the jurisdiction to hear the application, Lusambo failed to demonstrate exceptional circumstances sufficient to justify the grant of the bail pending appeal. Ms Justice Malata-Ononuji on behalf of the panel explained that assurances that the applicant was of fixed aboard and that he would comply with the bail conditions to be set as he did previously in the court below, was still insufficient to warrant admission to bail pending appeal. The court agreed with Lusambo’s submission that he had already spent some lengthy time in custody, which would be relevant for consideration, but that the appeal had not yet been cause-listed contrary to information that appeals were expeditiously heard. The court explained that it relied on authorities which prescribed that although the applicant would serve a substantial portion of the sentence could not by itself amount to an exceptional circumstance to warrant release on bail pending appeal. She also explained that with regard to the averments made by both Lusambo and the state that he would abide by any bail conditions set by the court, it was not guaranteed that the appeal would be successful. “Whereas here, the court is not satisfied that the appeal discloses a prima facie likelihood of success, the possibility that the applicant may serve a substantial portion of the sentence cannot, by itself, amount to an exceptional circumstance warranting release on bail pending appeal,” the judgement said. Lusambo lost his initial application for bail pending appeal against his four-year sentence before the Lusaka Magistrates Court before making a fresh application before the Lusaka High Court at the Economic and Financial crimes division, which he has also lost.///////////////////////////// To continue reading, you must subscribe to either DAILY, WEEKLY or MONTHLY Plans.
