Uladi Mussa wants bail pending appeal
Convicted former minister of Homeland Security Uladi Mussa has applied for bail pending hearing and determination of his appeal in the abuse of office case by the Malawi Supreme Court of Appeal.
Through his lawyer Chancy Gondwe, Mussa cites the possibility of his appeal succeeding and delays in processing the appeal due to lack of a court quoram as factors to justify his application.
Reads the affidavit in part: “The fact that the appellant has all along the trial been compliant of the bail conditions and is a citizen of substantial standing in the society. Further, there is a very high possibility of the appellant serving his whole sentence before the hearing and determination of the appeal.
“In view of the aforesaid matters, it will be in the interest of justice, having considered the special circumstances of this matter to grant bail to the 1st appellant [Mussa] on conditions and terms that this court would deem fit.”
But in an affidavit in opposition, Anti-Corruption Bureau (ACB) director of legal and prosecution Chrispin Khunga said Mussa’s grounds of appeal do not disclose anything untenable that would make a court grant him bail pending appeal.
He also said that there is a high likelihood that his appeal will be dismissed because the grounds on which it is founded are mostly generic, as such, the State made an application to have it dismissed summarily.
Submitted Khunga: “The High Court already found these grounds of appeal as being insufficient to move it to exercise its discretion of granting bail pending appeal.
“In view of the foregoing, there are no unusual or exceptional circumstances in this matter. Wherefore, I pray to the honourable court to dismiss this application for lack of merit.”
The court has since set tomorrow as hearing date for the application.
Mussa was in 2020 sentenced to five years imprisonment alongside two others.
Mussa and his co-convicts argue that High Court Judge Chifundo Kachale erred in finding them with a case to answer when there was no sufficient evidence to prove the case of neglect of duty or abuse of office.
They also argue that the judge erred in law and fact by convicting them on insufficient evidence and that the conviction was against the totality of evidence.
But ACB through hired prosecutor Kamudoni Nyasulu filed an application in the Supreme Court of Appeal to dismiss the appeal against both conviction and sentence.
The State argues that there were no sufficient grounds which would enable the appellants to succeed in the appeal.
Mussa and former regional Immigration officer David Kwanjana were each handed prison sentences of 12 months for neglecting public duties and five years for abuse of public office.
