Court to rule on Malanji appeal bail Friday
By a Correspondent
THE Lusaka magistrates’ court has set Friday to rule on whether to grant former foreign affairs minister Joe Malanji bail pending the outcome of his appeal.
Acting chief resident magistrate Irene Wishimanga set the ruling date after the state opposed Malanji’s bail application.
The State argued that the mere lodging of an appeal did not entitle Malanji to bail as of right and that he had not demonstrated delay in hearing the appeal.
Malanji is serving a 4-year prison sentence for acquiring properties established to be proceeds of crime, including two helicopters and houses in Silverest.
The state said the money used to buy the property in question was linked to funds allocated for a Zambian chancery in Turkey.
The State argued that bail pending appeal is an exceptional remedy, which the Economic and Financial Crimes Court (EFCC) operates on a fast-track timetable, and releasing Malanji would be prejudicial to the prosecution.
However, lawyers representing Malanji in the defence of the bail application pending appeal argued that the appeal raises novel points of law, undermining the conviction, and that the trial magistrate misapplied corporate personality principles.
They argued that factual findings linking Malanji to the source of funds were unsupported by the record.
“…there is a realistic prospect of success on appeal, and keeping Mr Malanji in prison before the appeal heard, he would have served a substantial portion of his sentence if bail is refused,” the lawyers said.
