Former president Banda’s Son, Andrew granted bail

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President Rupiah Banda’s son Andrew has been granted a K10, 000 cash bail by the Lusaka Magistrate Court.

Andrew who was sentenced to two years imprisonment last week Friday was granted the bail this morning pending his appeal in the High Court.

Two MMD Parliamenterians  Levy Ngoma for Sinda and Howard Kunda for Muchinga signed the bail for for Andrew.

The state on Monday, February 17, 2014 rejected Andrew’s bail application. Andrew had to spend another night in prison as the Lusaka Magistrate Court could not to grant him bail on grounds that the State was not ready to respond to his submission.

Andrew was jailed by the Lusaka Magistrate’s Court for soliciting and receiving over K171,000 as a reward for assisting Fratelli Locci SRI to get a contract.

This is in a matter in which Andrew, a former First Secretary at the Zambian mission in Italy, was charged with one count of gratification for giving assistance on contracts, contrary to the Laws of Zambia.

According to the notice of appeal, Andrew said his conviction is unsafe and against the weight of evidence.

Andrew argued that the trial court erred in law when it held that he solicited gratification when there was no evidence to that effect.

He said the trial court erred in law and fact when it ignored the evidence of witnesses from the Road Development Agency (RDA) when they said the contracts were awarded to Fratelli Locci SRI Limited on merit and he played no role at RDA.

Andrew submitted that the trial court erred in law when it held that he could be held liable for payments made to AB Logistics Limited without any order of the incorporation of the said company.

“The trial court erred in law and fact when it disregarded the evidence of the business relationship between the accused and Antonelli Locci,” part of the notice of appeal reads.

In his bail application, Andrew said the State will not be prejudiced if he is granted bail pending appeal and he is ready to abide by bail conditions set by the court.

Andrew said appeals take long to be heard by the High Court and his continued stay in custody will be prejudicial to him.

Andrew said if his appeal succeeds in the High Court, he would have served a considerable time in jail.

“I am not in any way a flight risk as I have fully complied with bail conditions and have never absconded from any proceedings,” he said.

But the Director of Public Prosecutions (DPP) was not ready to respond to Andrew’s notice of appeal as he needed time to study the document.

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One Response to Former president Banda’s Son, Andrew granted bail

  1. This is proving to be very interesting considering the fact that the man who was once in Government is able to concede that our courts take so long to dispose the cases and that this is coming to light when he is in trouble. How I wish that all the law makers must come to learn and realize that one day they they might also be in this situation. My point is, let everyone in power figth for better stay of convicts in prisons bcoz on day it might be you feeling the same pain. Prison life is hard. Tiyeni tubikeko amano mukuwamya ififungo fyesu.

    MK the ORIGINAL
    February 18, 2014 at 3:13 pm
    Reply

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