JAILED former Lusaka province minister Bowman Lusambo has pleaded with the Economic and Financial Crimes Court to admit him to bail so that he can hustle for his wife’s medical fees and fend for his children.
Lusambo is in the alternative requesting the EFCC (High Court Division) to suspend his sentence.
The Bulldozer in his renewed bail application promised not to threaten peace if he was granted bail.
On November 8, 2024, Lusambo was jailed for four years with hard labor for Corrupt acquisition of public property, tax evasion and possession of property reasonably suspected to be proceeds of crime.
He was also fined K9,000 in default nine months imprisonment and he is currently remanded at Mwembeshi Maximum Correctional Facility.
In his affidavit in support of renewed bail application, Lusambo said having been dissatisfied with the Judgment, he appealed against the same.
He said his appeal has high prospects of success as outlined in the grounds of appeal, more particularly in relation to the grounds raising issue on whether tax evasion can be occasioned for failure by the seller to pay property transfer tax in the presence of an agreement that the purchaser would pay the same: and in relation to the evaluation of evidence in relation to matters arising out of the Forfeiture of Proceeds of Crime Act, which issues are novel and would benefit the public.
Lusambo said his appeal raises issues of law and fact in relation to how the Court below analysed the evidence in an unbalanced manner, preferring the evidence of the Anti-Corruption Commission while excluding his, overlooking the flaws of one side and not the other, disregarding his evidence and produced exhibits as to the nature of ownership of the properties.
“I am the breadwinner of my family and as such my family requires my financial support especially in view of my wife’s medical needs which makes it difficult for her not provide for the family, especially for the younger children of the family,” Lusambo said.
He said he will provide traceable and credible sureties and attend Court whenever required to do so .
Lusambo said his application is not friviilous, vexatious and is not in any way intended to abuse the Court process, but has been made to enable him get admission to bail pending appeal because if bail is not granted he would have served the substantial sentence by the time the appeal is heard.
“The state will not in any way be prejudiced if I am granted bail pending Appeal, as I verily believe l am wiling to adhere to all the bail conditions set out by the Court should I be granted bail pending appeal,” said Lusambo.
“Should I be granted bail pening appeal I shall not pose any threat to society, more especially as the offences I am convicted of related to my personal property and as such, I verily believe as advised by my advocates, that the said offences I am convicted of are not offences likely to threaten the peace and or safety of society.”
Kalemba January 2, 2024.
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