The Lusaka Magistrates’ Court has refused to grant bail pending appeal to Hendricks Nyambe, a man who is accused of swindling ADD leader Charles Milupi in a maize transaction.
Nyambe, who is charged with theft was initially on a K30,000 bail but jumping without any proper explanation to the court.
In this matter, it is alleged that Nyambe, a director of Food Agency Zambia and his deputy, Mercy Phiri, on March 7, 2018, in Nkeyema District did steal 312,040 kilogrammes of white maize valued at K656,040 belonging to Milupi.
The court had cited Nyambe for contempt of court for jumping bail without any proper explanation to the court, which led to his bail money in the sum of K30,000 to be forfeited to the State.
Magistrate Nsunge Chanda had further ordered that the accused be remanded in custody during trial.
However, the defence counsel made another application for bail, pending trial in respect to the accused person.
The State had strongly objected to the application, saying the accused had failed to honour the bail conditions.
And when the matter came up for a ruling on an application for bail pending trial, Thursday, Magistrate Chanda noted that it was sad that Nyambe had failed avail himself before court and that his sureties had produced fake documents.
“I find that as much as this court can be lenient to ask that the accused person be placed on bail or admitted to bail, it is sad that the accused did not avail himself to appear before this court. And all the sureties that the accused brought before this court were not genuine. They had produced fake documents,” Magistrate Chanda said.
She observed that by jumping bail, the accused had undermined the power of her court.
She, therefore, declined the defence’s application for bail pending trial, saying the application lacked merit.
“Accused was admitted to bail and he jumped bail. This clearly shows that the accused undermined the power and authority of my court. There is a likelihood that the accused person will make it difficult for justice to prevail in this matter. For a speedy trial, this court has declined after analysing this application. I order and say that the application has no merit to admit the accused person to bail pending trial. I, therefore, decline to admit the accused to bail pending trial,” Magistrate Chanda ruled.
However, Nyambe’s new lawyers from the Legal Aid said they were not ready to proceed as they needed to go through the records.
The matter has been adjourned to October 9 and 10 for continuation of trial, as Nyambe remains in custody and bail has been extended for his co-accused.