Supreme Court Judge Frank Kapanda has granted bail to convicted businessman Thom Mpinganjira pending his appeal on the conviction and nine years jail sentence.
The High Court found Mpinganjila guilty of attempting to bribe the Constitutional Court Judges who were presiding over the May 2019 Presidential Election case.
Meanwhile the graft busting body, the Anti-Corruption Bureau (ACB) says it will not appeal against bail the Supreme Court has granted to financial services business mogul, Thomson Mpinganjira.
ACB lawyer Victor Chiwala said the bureau has accepted the bail, saying Mpinganjira has a right to bail.
’‘There is nothing new, people make an appeal, its up to the court to decide on the appeal. The court has made a determination, we have accepted it, and there is nothing we can do about it.
“We can’t say we agree or not agree with the ruling and there are some points which the court agreed with us and there some points which the court agreed with the other party but we accept it as it is” he said, adding that the State is ready for the appeal case.
Alexious Nampota, lawyer for Mpinganjira says the Supreme Court of Appeal has granted bail to his client after observing that the interest of justice would require that Mpinganjira be released on bail pending appeal.
Among others, Nampota said the Court has seen that there are prospects of success in the main appeal besides his health requires that he be out of prison, so that he can attend to his medical condition.
Further, Nampota said the court has also observed that interjections by high court judge Dorothy De Gabrielle during the trial interfered with Mpinganjira’s right to fair trial.
‘’A collection of all those show that the interest of justice would better be served if Mpinganjira stays outside prison while waiting for his appeal. The judge has recognised that putting someone in jail who has prospects of success endangers the accused person,” he said.
Nampota insists his client is innocent.
Legal expert, Bright Theu views the granting of bail pending appeal by business Mpinganjira as a very rare scenario.Follow and Subscribe Nyasa TV :