GBM has not proved that his medical condition cannot be treated in Zambia – State
THE state has opposed the application by former minister of defense Geoffrey Bwalya Mwamba to be admitted to bail on reasons that; he has to travel to South Africa for medical care because his medication is ineffective which has resulted into the swelling of his thighs and legs.
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It says Mwamba has not proved that the country’s highest referral hospital UTH where inmates are referred or any other private hospital of his choice in Zambia will be unable to deal with his condition and cause it to deteriorate.
Mwamba renewed his bail application in the Economic and Financial Crimes Court (High Court Division) saying his thighs and legs are swollen and needs urgent medical care in South Africa.
This was after magistrate Stanford Ngobola declined to admit Mwamba to bail, on reasons that his appeal against his conviction had no prospects of success.
He said ill health is not a sufficient reason to warrant him to grant Mwamba bail pending appeal.
According to an affidavit in opposition to affidavit in support of summons for renewal admission to bail pending appeal filed in the Economic and Financial Crimes Court (High Court division), principal State advocate Angelica Mwanza said Mwamba cannot merely speculate that his condition cannot be treated in Zambia.
“The applicant has not demonstrated that his ill health is an exceptional circumstance warranting this court’s discretion to admit him to bail pending the hearing of his appeal,” she stated.
She said the mere fact that his record of appeal is voluminous does not determine duration within which his appeal against his five year conviction on corruption-related charges can be determined.
“The applicant will not have served a substantial part of his sentence since the EFCC is a fast track court which disposes off matters quickly,”Mwanza said.
She argued that the according to the EFCC rules, matters are determined within five months.
Mwanza said the notice of appeal having been filed on October 10, 2024, the period of five months has already started running.
She said a perusal of the grounds filed for the intended appeal do not show that there is a likelihood of the appeal succeeding.
“If the application sought is granted, the likelihood of the State being prejudiced in the effective prosecution of this matter is greater than that of the convict,”said Mwanza.
“The applicant has not demonstrated any exceptional circumstances whatsoever,I beseech this court not to grant bail pending appeal.”
When the matter came up for bail hearing yesterday in chambers, the Court reserved ruling for November 15.
On October 9, 2024 Mwamba was jailed for five years on eight counts of conflict of interest, when he alllowed his companies to engage in business with the ministry
He was also jailed three years in four counts of possession of property suspected to be proceeds of crime, and fined K50, 000 for money laundering.
By Mwaka Ndawa
Kalemba November 6, 2024.