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The State has opposed former Defence Minister Geoffrey Bwalya Mwamba’s (GBM) renewed bail application, arguing that the University Teaching Hospital (UTH) can adequately manage his heart condition.
Mwamba, who was recently sentenced to five years imprisonment for conflict of interest, contended that his deteriorating health presents exceptional circumstances justifying his release on bail.
His lawyer, Bonaventure Mutale, argued that Mwamba’s life was at severe risk without access to advanced medical care.
However, the Director of Public Prosecutions has urged the Economic and Financial Crimes Court (EFCC) to deny the request.
Principal State Advocate, Angelica Kennedy-Mwanza, submitted an affidavit on behalf of the National Prosecution Authority, disputing the need for Mwamba’s bail.
Mwanza argued that UTH, along with other private hospitals, was fully capable of managing Mwamba’s condition, dismissing claims that adequate care was unavailable locally.
She contended that Mwamba’s assertion of insufficient medical care was speculative, lacking evidence that Zambia’s healthcare facilities cannot meet his needs.
Read More: Ex-Defense minister, Mwamba, to remain in prison as court rejects bail application
The affidavit stated that Mwamba’s health issues did not meet the “exceptional circumstances” required to justify bail.
Mwanza noted that the EFCC operated on a fast-track system with a five-month timeframe for appeals, denying concerns that Mwamba would serve a significant portion of his sentence before the appeal is heard.
The appeal was filed on October 10, 2024 and the review process is already underway.
The State also challenged the likelihood of success in Mwamba’s appeal, stating that a preliminary review of the judgment and appeal grounds did not indicate favorable prospects.
Mwanza concluded that granting bail would hinder the State’s effective prosecution, as Mwamba had not demonstrated sufficient grounds for bail pending appeal.
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