THE Economic and Financial Crimes Court says releasing former minister of defense Geoffrey Bwalya Mwamba on bail pending appeal on grounds that he is unwell, will imply that convicts with ill health are protected from serving a custodial sentence.
The court in declining to admit the former defense minister to bail pending appeal, said it is unlikely that his appeal will succeed as the grounds have no merit.
Mwamba renewed his bail application in the Economic and Financial Crimes Court (High Court Division) saying his thighs and legs are swollen and needed urgent medical care in South Africa.
State advocate Angelica Mwanza opposed the application saying 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.
Ruling on the matter, judge Vincent Siloka on behalf of judge Ann Ononuju, and Ian Mabbolobbolo said having established that Mwamba’s appeal has no prospects of success, his application for bail pending appeal will not be granted even though he has produced evidence to show that he has a heart condition.
“In our view, allowing the Application for Bail pending Appeal purely on medical ground or ill-health, which is a ‘minor exceptional’ exception would amount to stating that; any one with ill health would be immune from serving a custodial sentence. This we do not intend to do,” he said.
Judge Siloka said that although Mwamba has adduced “sufficient medical proof” to prove his illness, his application for bail pending appeal is not successful because the appeal has no prospect of success and the application for bail pending appeal cannot solely be granted on ill-health.
“The upshot is that the application is bereft of merit and is declined,” said judge Siloka.
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 17, 2024.
