Court grants Mpombo bail

Court grants Mpombo bail
By Abigail Chaponda in Ndola
Sat 14 Aug. 2010, 04:00 CAT

GEORGE Mpombo was yesterday granted a K2 million bail with three working sureties in their own recognizance by the Ndola magistrates court.

This is in a matter where Kafulafuta MMD member of parliament Mpombo, 55, was handed a two months jail sentence and a K4 million fine for issuing a cheque on an insufficiently funded account.

During the bail hearing in chambers before chief resident magistrate Kelvin Limbani, Mbombo’s lawyer T. M Chabu submitted that Mpombo be given bail pending appeal on grounds that the 60-day sentence was short and by the time the court hear the matter and render judgment, he would have served the custodial sentence consequently rendering the appeal academic.

“This is our application for an order to admit the appellant to bail pending appeal to the High court. It is also our alternative application that if bail is granted, the execution of the imposed sentence upon the appellant be suspended pending the determination of the appeal,” Chabu said.

“The appeal is made pursuant to section 332(1) of the Criminal Procedure Code (CPC). The record shows that the notice of appeal against the conviction and sentence has been filed.”

Chabu said Mpombo was of fixed aboard and a member of parliament and shall be able to abide by the bail condition.

But state prosecutor Lawrence Mudenda said bail was a constitutional right and the court should decide what to do.

Magistrate Limbani said he had considered the application before him and the filed documents.

“I have directed myself to the referred authorities, the submissions and the fact that there is no objection by the state. I shall grant the convict bail under the following conditions: cash bail of two million kwacha and he shall provide three sureties in the above sum in their own recognisance,” magistrate Limbani said.
By 12:00 hours, Mpombo’s lawyers were still working out modalities of his release from prison.

Magistrate Limbani convicted Mpombo last week on Friday and subsequently jailed him on Monday.

Mpombo was charged with an offence of a dishonored cheque, contrary to section 33 (1) of the National Payment systems Act as read with the Bank of Zambia Act.

Particulars of the offence were that Mpombo on December 18, 2009 with intent to defraud, issued cheque number 00014 worth K10 million to Colwyn Limited of Ndola on an insufficiently funded account, a Standard Chartered Bank account number 0100260696200 which rendered the cheque dishonored.