THE Economic and Financial Crimes Court has rejected the bail pending appeal application of Wanziya Chirwa, the wife of former minister of home affairs again.
The Court says it will hear her appeal within the stipulated five months time frame, therefore Chirwa will not serve the substantial part of the sentence by the time the appeal is heard.
Chirwa renewed her bail application before the EFCC (High Court division) after its sibling court at the Lusaka magistrates court declined to admit her to bail pending appeal.
Chirwa has submitted that her appeal had prospects of success and she was capable of raising traceable sureties, as well as abide by the conditions set by the court.
The Anti-Corruption Commission opposed the application arguing that, providing sureties is not a compelling reason to sway the Economic and Financial Crimes Court to admit Stephen Kampyongo’s wife, Wanziya Chirwa to bail.
It said her grounds of appeal were weak and could not succeed.
Ruling on the application judges Ann Ononuju, Mwanajiti Mabbolobbolo and Vincent Siloka said the appeal has no good prospects of succes.
“We have found no exceptional circumstances that would bring this case within the ambit of the exceptions of the stringent requirements set out in the various authorities on granting bail to a convict pending hearing of an appeal,” the Court said.
“We do not foresee any inordinate delay in the hearing and determination of the appeal . We ,can only point to Rule 3 (1)of the Economic and Financial Crimes Court, SI no.10 of 2024 which gives a time frame of five months within which a case on appeal has to be determined.”
The Court said Chirwa has not disclosed any exceptional circumstances warranting it to admit her to bail.
“The applicant has not disclosed any exceptional circumstance and has not satisfied the stringent requirements for a person of her legal status, we decline to grant the application for bail pending appeal,”said the Court.
By Mwaka Ndawa
Kalemba November 23, 3024.