Africa-Press – Zambia. CONVICTED former Zambia Revenue Authority Commissioner General Kingsley Chanda has pleaded with the court to release him on bail pending appeal, saying he is the sole provider for his three ailing brothers and that the conditions in prison are “pathetic and degrading.”
Chanda, who was sentenced to six years imprisonment with hard labour for abuse of authority and willful failure to follow procedure in the disposal of 22 government vehicles with some allegedly donated to the Patriotic Front (PF) for election campaigns, filed the application before the Lusaka Magistrates’ Court.
His co-convict, former ZRA Director of Administration Callistus Kaoma, who received a nine-year sentence, also joined in the application.
In his sworn affidavit, Chanda argued that his continued incarceration would cause him and his family irreparable suffering.
He said his three brothers suffer from serious medical conditions that require expensive treatment and that he is the one responsible for meeting their medical bills.
He also submitted that prison conditions are “pathetic, degrading and unsuitable for someone with health problems,” warning that his own health could deteriorate if he remains in custody.
“That I have read and heard news articles and I have seen for myself for the day I have spent in prison to the effect that the conditions in prisons are very pathetic and degrading and not conducive for people like me who have health conditions which are likely to be worsened in such environment.”
Chanda stated that the process of hearing appeals in the Economic and Financial Crimes Division of the High court is lengthy, as it often takes months for case records to be typed, processed and transmitted to the High Court.
He said this delay means he could serve a significant portion of his sentence before his appeal is even heard.
“It will be in the interest of justice that bail is granted,” he stated, “as failure to do so will render the appeal nugatory and academic, since we may have served most of our sentences by the time the appeal is determined.”
Chanda also claimed that both he and Kaoma are not flight risks, reside at known addresses in Lusaka, and are willing to comply with any bail conditions set by the court.
However, Principal State Advocate Angela Kennedy opposed the application, arguing that neither Chanda nor Kaoma had demonstrated exceptional circumstances to justify their release.
Kennedy stated that poor prison conditions and family illness are not valid grounds for bail pending appeal and insisted that the five-month timeframe within which the appeal must be determined ensures the convicts will not serve a substantial part of their sentences before the matter is heard.
“The applicants have not shown any credible proof of medical conditions or prejudice that would arise from remaining in custody,” she said, urging the court to dismiss the application.
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