KAPOKO, OTHERS’ BAIL BID FLOPS
THE Lusaka Magistrates’ Court has thrown out an application for bail pending appeal and stay of forfeiture orders by former Ministry of Health chief human resource develoSPent oIfiFer +enr\ Kapoko and four others on grounds that it lacks merit.
In this case, Kapoko, 45, acting principal accountant Zukas Musonda Kaoma, 47, chief accountant Evaristo Musaba, 56, acting senior accountant V incent Luhana, 44, and internal auditor J ustine J asper Phiri, have been jailed 18 years each for theft by public servant and money laundering, and ordered to pay back K6.8 m illion to the State.
When the matter came up for hearing of bail application pending appeal and stay of the forfeiture orders, the public prosecutors argued that it would not be in the interest of justice to stay the execution of the orders passed.
Defence lawyer Kelvin Bwalya Fube argued that owing to the logistical, financial and human resource challenges in the J udiciary, it was failing to cope with the number of cases pending and being prosecuted.
“Based on the circular that was issued by the J udiciary and is in public domain that the J ud-i ciary is facing various challenges, the court should not hesitate granting bail pending application,” Mr. B walya said.
He said since the State has full control of the assets and the persons in custody, there should be no fear on the part of the State that there would be any loss of property or interference.
He argued that the defence did not have the full judgement and had not read the full sentence which was passed, for thorough examination for them to file more grounds of appeal.
Mr. Bwalya said the judgment in itself had over 1, 800 pages and has to be typed and processed as per procedure, hence having little time to access the documents.
Meanwhile, the State argued that if the convicts were given temporary freedom, it would be tantamount to denying the people of Zambia an opportunity to utilise the proceeds forfeited to the State.
it argued that for the court to grant an application pending appeal, it must be shown that there are reasonable prospects of success and that the applicants would have served a substantial sentence at the time the appeal will be heard.
The State asked the court to throw out the bail application as the grounds of appeal were weak and it would be highly inappropriate to let the convicts loose in the community.