Muchemwa denied bail again

THE Economic and Financial Crimes Court says it cannot give former inter-city bus terminus commander, Francis Muchemwa another chance to roam the streets of Lusaka including his former work place as his bail application has not raised mitigating factors for it to admit him to bail.

Judge Pixie Yangailo, Ann Onnonuju and Mwanajiti Mabbolobbolo ruled that Muchemwa’s appeal is unlikely to succeed.

The ferocious PF commander had renewed his bail application before the EFCC ( High Court Division), pending appeal against his three-year jail term.

Muchemwa challenged his conviction on two grounds, arguing that the Court erred in law and fact, when it convicted and sentenced him for failure to submit documentary evidence proving that his wealth was clean, on a technicality.

He also argued that magistrate Davies Chibwili erred in law and fact, when he found him guilty for obtaining free money from ZESCO based on circumstantial evidence.

But judge Mabbolobbolo, in an extempore ruling on behalf of others said, the panel without delving into the merits of the appeal, examined the intended grounds of appeal which have been vaguely couched in the notice of appeal; and it was of the view that the chances of success were dim.

He said Rule 3 (1) of the Economic and Financial Crimes Court Rules, Statutory Instrument No. 10 of 2024 gives a time frame of five months within which a case on appeal has to be determined.

Judge Mabbolobbolo said there will be no inordinate delay in hearing and determining Muchemwa’s appeal.

“Accordingly, we find, on the basis of the cases and authority cited, that we cannot exercise our discretion to admit the applicant to bail pending appeal as no special circumstances have been disclosed. Further the prospects of success of the appeal appear dim,” said judge Mabbolobbolo.

Muchemwa was on July 26, 2024 was sentenced to three years imprisonment with hard labor by the EFCC for possessing a luxurious house, apartments, land with incomplete flats, and two Faw trucks worth over K12 million which were way beyond his legitimate source of income.

He was also fined K141,000 for obtaining pecuniary advantages by false pretenses when he drew the said amount from ZESCO as subsistence allowances for the trips he undertook yet he never filed an imprest retirement report.

By Mwaka Ndawa

Kalemba December 2, 2024.