By DELPHINE ZULU –
MAGISTRATE Obbister Musukwa has denied bail pending appeal to incarcerated former Zambia Railways Limited (ZRL) Regina Mwale on grounds that there are no exceptional circumstances.
Mr Musukwa said the convict failed to provide the Court with sufficient reasons which was a must when considering granting bail to her.
“It’s in this light that application for bail pending appeal in the High Court is denied as there are no circumstances disclosed in her appeal to allow the court to grant her bail,” Mr Musukwa said.
The Magistrate in his ruling denied her bail as she could have been served her 18 months jail sentence before the High Court heard her bail application.
He said the record of her proceedings was voluminous and could not be read by the appeal court.
“The court also determines the period which the convict is going to serve before granting bail because it matters much as the convict would have served the sentence bearing in mind that bail is granted at
the court’s discretion,” he said.
Mwale, who was jointly charged with former Zambia Railways executive director Professor Clive Chirwa, was on Tuesday sentenced to 18 months imprisonment with her co-accused having been acquitted on Monday by the same court.
The duo was charged with two counts of abuse of authority of office for having approved the payment of K72, 000 payment for monthly accommodation for Chirwa which was above his entitlement and also
having engaged the former chief executive’s company Clavel Incorporated to train staff.
She argued that the trial court erred in law and infact when he found the appellant abuse of authority of office when she just implemented what was already done for December 2012 and January 2011.
That Mr Musukwa also erred in law and in facts in convicting Mwale on insufficient evidence.