The Lusaka Magistrate Court this morning granted a K10, 000 cash bail with two working sureties to former President Rupiah Banda’s son Andrew. Sinda Member of Parliament Levy Ngoma and Muchinga Member of Parliament Howard Kunda signed bail forms for Andrew
Lusaka Chief Resident Magistrate Joshua Banda last week sentenced Mr. Banda to 24 months in prison for corruption.The state had yesterday rejected Mr. Banda’s bail application. Mr.Banda had to spend another night in prison because the Lusaka Magistrate’s Court yesterday could not to grant him bail pending appeal to the High Court on grounds that the State was not ready to respond to his submission against a two-year jail sentence slapped on him.
The former President Rupiah Banda’s son, was last Friday jailed by the Lusaka Magistrate’s Court for soliciting and receiving over K171,000 as a reward for assisting Fratelli Locci SRI to get a contract.
This is in a matter in which Banda, a former First Secretary at the Zambian mission in Italy, was charged with one count of gratification for giving assistance on contracts, contrary to the Laws of Zambia.
According to the notice of appeal, Banda said his conviction is unsafe and against the weight of evidence.
Banda argued that the trial court erred in law when it held that he solicited gratification when there was no evidence to that effect.
He said the trial court erred in law and fact when it ignored the evidence of witnesses from the Road Development Agency (RDA) when they said the contracts were awarded to Fratelli Locci SRI Limited on merit and he played no role at RDA.
Banda submitted that the trial court erred in law when it held that he could be held liable for payments made to AB Logistics Limited without any order of the incorporation of the said company.
“The trial court erred in law and fact when it disregarded the evidence of the business relationship between the accused and Antonelli Locci,” part of the notice of appeal reads.
In his bail application, Banda said the State will not be prejudiced if he is granted bail pending appeal and he is ready to abide by bail conditions set by the court.
Banda said appeals take long to be heard by the High Court and his continued stay in custody will be prejudicial to him.
Banda said if his appeal succeeds in the High Court, he would have served a considerable time in jail.
“I am not in any way a flight risk as I have fully complied with bail conditions and have never absconded from any proceedings,” he said.
But the Director of Public Prosecutions (DPP) was not ready to respond to Banda’s notice of appeal as he needed time to study the document.
Olemela samangiwa. It’s only us the poor who are jailed for a stealing a mere chicken.
3 nights in jail for a president’s son and ambassador was too much. Thank God he is out.
His grounds of appeal are weak.
He may have the freedom now but there is overwhelming evidence against him for corruption and i have no doubt the high court will uphold the conviction.
Andrew is just buying time even if it will mean appealing to the Supreme Court, he will go down to serve his sentence eventually
Kanene Jail. Banda Bail..awe sure
Who made Zambian Law. This is really sad how some people can be jailed while others can never. This is really bad. Just like that he is out. American Justice system teaches people. No bail if one is sentenced to imprisonment. Zambian law was made to shield the rich
Whoever thought he would be jailed!
Only the poor serve their sentences in prisons. The rich serve their sentences in the comfort of their homes? So in Zambia prisons were built for poor people….what a country of double standards? Who shall save the poor Zambians from this open injustice?
Peace and Prosperity to Mother Zambia.
Rather than merely “fix” all the corrupt judges as this government (and most other people) talk about, there also needs to be serious investment in public defenders so that the poor who cannot afford a lawyer still have proper representation before the courts.
good riddance MPs..we love you..viva Andrew
That’s why ukwa loves the old constitution, so many ways to get away with something
Remember the stages? This is stage 2. Stage 3 will be waya-waya for a few months with adjournments until the short-term memory of our large populace kicks in and we begin to sponsor him for candidacy in a political party for some soon-to-come election. Zedian justice at work…
In Zambia prison is for the poorest simple as that….corruption cases should be “unbailable”.
CHEKI THIS OUTTOO!!
Uja wolemela samang’iwa nikisi
Wina anafwikila ndalama Zambili maningi.
Winanso anaba ndalama za Zamtropu!
but be’ve’ si ba na mangiwe’
Wina bana munamizila ati ana vala ka nsapato ka mwana- Yeve uyu si enze olemela, ba na manga maningi futi
Uyu yeve si ba za manga, ndaba Ni Wolemela- Ni washouttu mulandu
PLEASE CHECK THIS OUTOO!! BA Mr ALLERGIC TO CORRUPTION BA NAMA BOZA!
I hope you are not comparing f@#ing under-age kids with the commission incident…
banda is a free man.more points of appel.means the case is political.
Andrew should have got the max 10 years! This is corruption by the judge not leniency, a high profile person like Andrew representing the nation deserves the maximum to send a signal to all serving diplomats! 2 years is a joke, he will only serve 6 months with good behaviour.
in zambia do anything and as long as you oil the palms of the security agents- you shall be free for eva…..
prisons for the poor….
he will even be allowed to stand for a post in govt. zambians forget easily….
viva HH….