COURT DENIES MUCHEMWA BAIL, SAYS CHANCES OF HIS APPEAL SUCCEEDING ARE SLIM
COURT DENIES MUCHEMWA BAIL, SAYS CHANCES OF HIS APPEAL SUCCEEDING ARE SLIM
THE Economic and Financial Crimes Court, has declined to admit incarcerated former PF intercity bus terminus ‘commander’ Francis Muchemwa to bail.
Lusaka Chief resident magistrate Chibwili ruled that chances of Muchemwa’s appeal succeeding are deem.
Muchemwa was on July 26, 2024 sentenced to three years imprisonment with hard labor by the EFCC for possessing a luxurious house, apartments, land with incomplete flats, and two Faw trucks worth over K12 million which were way beyond his legitimate source of income.
He was also fined K141,000 for obtaining pecuniary advantages by false pretenses, when he drew the said amount from ZESCO as subsistence allowances for the trips he undertook yet, he never filed an imprest retirement report.
The convict applied for bail pending appeal against his conviction and sentencing.
In his two grounds of appeal Muchemwa said the Court erred in law and fact, when it convicted and sentenced him for failure to submit documentary evidence proving that his wealth was clean, on a technicality.
He also argued that t magistrate Chibwili erred in law and fact, when he found him guilty for obtaining free money from ZESCO based on circumstantial evidence.
During bail hearing, Muchemwa’s lawyer Nathan Muyembe asked the Court to temporarily release his client pending appeal.
Muyembe said the appeal has prospects of success.
He cited the case of Titus Zulu versus The People where a superior court guided that bail pending appeal must not be delayed.
Muyembe said his client was ready to meet the conditions set by the Court.
ACC prosecutor Chawezi Nalwenga in opposing the application said according to Section 332 of the Criminal Procedure Code (CPC) bail pending appeal is not granted as a matter of right but, rather it is the discretion of the court.
She said it is impossible for Muchemwa to serve part of his three year – sentence by the time his appeal against his conviction will be heard as the Economic and Financial Crimes Court hears matters within five months.
Nalwenga said, Muchemwa has not demonstrated that his appeal against his jailing for possessing tainted wealth has prospects of success, nor has he proved that he would have served a substantial part of the sentence, by the time the appea is heard.
She said the EFCC hears matters within five months immediately plea is taken.
And Daniel Ngwira added that no prejudice will be occasioned to Muchemwa and the court should not be swayed because he is incarcerated as incarceration is a natural consequence of a conviction.
In his ruling magistrate Chibwili said: “I do not find that there are any exceptional circumstances warranting me to grant bail. The application is denied”.
By Mwaka Ndawa
Kalemba