Kapoko’s bail revoked

Kapoko’s bail revoked
Written by Mwala Kalaluka
Tuesday, September 15, 2009 6:22:36 PM

LUSAKA magistrate Exornobit Zulu yesterday revoked the bail granted to former Ministry of Health human resources manager, Henry Kapoko, in a case where he is facing theft and fraud charges with others.

Delivering his ruling on the application made by the state that Kapoko’s bail be revoked following his alleged attempt to interfere with witnesses, magistrate Zulu said the court would not be myopic to the relevant conditions given to the accused person when it granted him bail.

Magistrate Zulu said in his opinion, the propensity Kapoko exhibited in the letter that he wrote to a manager at Finance Bank; a potential witness in the case, would have succeeded had it not been for an order from the court to the bank.

“If the accused meant well, there was no need for him to bypass his own counsel and take the bull by the horns himself,” said magistrate Zulu as Kapoko’s business partner, Mwila Kalikeka wiped tears from her eyes in the gallery.

Magistrate Zulu said the propensity of interfering with witnesses should also add as a sufficient ground upon which bail can be revoked just as it is a ground for its denial.

“I will grant the state’s application,” he said. “Bail is hereby revoked. The accused will remain in custody until this matter is disposed of,” magistrate Zulu said.

Kapoko’s lawyer, Kelvin Bwalya, applied for leave to appeal against the revocation of his client’s bail and magistrate Zulu granted the application.

“Accused will remain in custody until the decision of the High Court,” said magistrate Zulu.

It is alleged that Kapoko had written to the bank manager enquiring about balances in his account, a move that the state prosecutors said amounted to the attempted interference with state witnesses.