LUSAKA - The Economic and Financial Crimes Division of the High Court has dismissed former Kabushi Member of Parliament Bowman Lusambo's application for bail pending appeal, ruling that he failed to demonstrate exceptional circumstances or establish that his appeal had a prima facie likelihood of success.
The decision was made by a panel of judges comprising Ian Mabbolobolo, Anne Malata Ononuju, and Sekelebaka Muwamba, who held that while the court had jurisdiction to hear the application, Mr. Lusambo did not satisfy the legal requirements for the grant of bail pending appeal.
Mr. Lusambo is currently serving a three-year prison sentence following his conviction by the subordinate 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 that the applicant could serve a substantial portion of the sentence before the appeal is heard were relevant considerations.
However, the court held that those factors, on their own, do not amount to exceptional circumstances required to justify bail pending appeal.
The judges also found that Mr. Lusambo's undertaking to comply with bail conditions and his assurance that he was not a flight risk did not meet the legal threshold established by previous Supreme Court decisions.
The court consequently dismissed the application, meaning Mr. Lusambo will remain in custody while awaiting the outcome of his appeal.
Source: Zambia Daily Mail