JAILED former Lusaka Province Minister Bowman Lusambo has reiterated his call to be released on bail pending the determination of his appeal against the three-year prison sentence imposed on him in September. Lusambo maintains that he qualifies for bail and that his appeal carries sufficient grounds to warrant his release while the matter is reviewed.
However, State prosecutors have maintained a firm stance that the former Kabushi Member of Parliament should remain in custody, arguing that he has failed to demonstrate any exceptional circumstances that would compel the court to grant bail. They emphasized that the law requires clear and compelling reasons before such an application can be approved.
The case stems from a ruling made in September when Lusaka Chief Resident Magistrate Davies Chibwili sentenced Lusambo to three years imprisonment with hard labour after finding him guilty of possessing property deemed to be proceeds of crime amounting to K22 million. Following his imprisonment, Lusambo lodged an appeal in the High Court challenging both the conviction and the sentence, and he subsequently applied for bail pending the hearing of that appeal.
During the bail application hearing yesterday, defence lawyer Charles Changano urged the court to allow Lusambo to await his appeal determination outside prison. Changano argued that the merits of the appeal should be evaluated by the higher court and not dismissed prematurely. He submitted that the grounds of appeal presented issues that warranted further legal scrutiny and therefore had prospects of success.
Changano further told the court that Lusambo had served the nation in various capacities and asked the magistrate to consider those aspects while determining the application. Defence lawyer Maluza Chongola also supported the submissions made.
State prosecutors Tendai Shumba and Chawezi Nalwenga opposed the application, arguing that the grounds of appeal did not raise any significant or complex points of law regarding the conviction. They stressed that a judgment remains valid until overturned by an appellate court and that Lusambo had not shown any exceptional circumstances to justify his release on bail. They added that the claim that he might serve a substantial portion of his sentence before the appeal is heard was unfounded, noting that appeals are now processed in a timely manner.
The magistrate is expected to deliver a ruling this week.
