Lusambo cries for an acquittal, claims court erred to convict him

JAILED former Lusaka Province Minister Bowman Lusambo has cried for an acquittal in the Lusaka High Court stating that the prosecution failed to discharge the burden of proof on his charges and therefore he should be set free.

Lusambo in his arguments submitted that the court should acquit him of all his charges because the evidence by the prosecution was limping and unsafe to secure a conviction.

He said the magistrate found him guilty despite the presence of clear and credible evidence, some of it from the State’s own witnesses that exonerated him.

Last year on November 8, the Economic and Financial Crimes court convicted and sentenced Lusambo to four years imprisonment with hard labour in a matter he pleaded not guilty to ten counts of corrupt acquisition of public property, possession of property suspected of being proceeds of crime, tax evasion and conspiracy to defraud.

Lusambo had applied for bail pending appeal before the trial court, resident magistrate Faides Hamaundu but it was declined.

He went ahead and filed in the Lusaka High Court where he says the magistrate erred at law when she convicted him despite providing sufficient evidence.

“The appeal challenges both the factual findings and legal reasoning of the court, which, with respect, reached conclusions not supported by the evidence on record.”

“In each of the counts appealed against, the Appellant was found guilty despite the presence of clear and credible evidence, some of it from the State’s own witnesses that exonerated him.”

“In some instances, the court relied on assumptions and ignored material facts,” Lusambo said.

He argued that the trial court failed to properly assess the documentary and testimonial evidence placed before it.

“The honourable Court is now called upon to carefully examine the record and apply the correct legal standards.”

“These submissions will show that the findings of the lower court were flawed, that the reasoning applied was inconsistent with established legal principles, and that the convictions entered were unsafe and ought to be set aside,” Lusambo submitted.

He insisted through his lawyers from D Findlay & Associates, Makebi Zulu Advocates and Likando Kalaluka & Co that the higher court should acquit him on basis that the prosecution deliberately chose to omit other financial means that he had to acquire the alleged tainted properties herein.

The Appellant further submitted that the prosecution also failed to establish that he was the owner of the said properties.

“Therefore, it is our prayer that this ground of appeal has merits and should be allowed.”

“My Lords and my Lady, in light of the foregoing, this honourable Court is respectfully urged to find that the trial court materially misdirected itself on both the facts and the law, leading to unsafe convictions on grounds.”

“The prosecution failed to discharge the burden of proof and therefore the court should acquit the appellant.” read the document.

By Lucy Phiri

Kalemba April 18, 2025