State and defence lawyers Thursday made their submissions on the application of bail pending appeal for former Attorney General Raphael Kasambara and two other convicts Pika Manondo and MacDonald Kumwembe.
Presenting their submissions before Supreme Court of Appeal Judge Dunstan Mwaungulu, lawyer representing first and second accused Manondo and Kumwembe, Michael Chipeta, said they have 17 grounds of appeal.
“It is very clear that the lower court made grave errors that cannot be left uncorrected. The prospects of the success on the appeal are high. Therefore, they should be granted bail. The applicants are willing to abide by all conditions attached to the bail. They have the right to liberty and freedom pending appeal,” he said.
Kasambara was convicted for conspiracy to murder while Kumwembe and Manondo were convicted for attempted murder and conspiracy to murder.
Lawyer for Kasambara, Modecai Msisha, argued that Kasambara was on bail during trial and never bolted which is evidence that he can be trusted.
“He [Kasambara] is entitled to bail under Section 42 of the Supreme Court of Appeal Act. He has a family and children; he has businesses to run. Most likely, the possibility of running away are very low. And the prospects of the appeal succeeding are high,” he said.
However, Director of Public Prosecutions (DPP) Mary Kachale, said, looking at the nature of the offence, it is not in the interest of justice to grant the three bail.
“The applicants have deliberately misrepresented the facts of the matter. Offences that have direct harm towards another must be taken seriously. During trial the behaviour of the applicants was not exemplary, hence revocation of bail. When all factors are considered, bail cannot be granted,” she said.
Mwaungulu has since adjourned the matter to a later date.
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