Bowman Lusambo to ‘vote’ from prison as judge dismisses his bail application.
ECONOMIC and Financial Crimes Division of the High Court has dismissed former Kabushi Member of Parliament Bowman Lusambo’s application for bail pending appeal.
The court ruled that convict failed to demonstrate exceptional circumstances or show that his appeal against his jail term had chances of success.
A panel of judges comprising Ian Mabbolobolo, Anne Malata Ononuju and Sekelebaka Muwamba held that while the court had jurisdiction to hear the application, Lusambo did not meet the legal requirements for the granting of bail pending appeal.
Lusambo, a former Kabushi Patriotic Front(PF) lawmaker and Lusaka Province minister, is currently serving a three-year prison sentence after being convicted by the lower court on corruption related charges.
In their ruling, the judges acknowledged that factors such as the period already spent in custody, the length of the sentence and the possibility of serving a substantial portion of the sentence before the appeal is determined were relevant considerations.
However, the court ruled that these factors alone could not constitute exceptional circumstances.
“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 court stated.
The judges further noted that Lusambo’s commitment to comply with bail conditions and his assurance that he was not a flight risk did not meet the required legal threshold, citing guidance from previous Supreme Court decisions.
“In the final analysis, we find that the applicant has not demonstrated exceptional circumstances sufficient to justify the grant of bail pending appeal. Accordingly, the application is dismissed,” the judges ruled.
CREDIT: Zambia Daily Mail