AG, POLICE TO APPEAR BEFORE THE LUSAKA HIGH COURT IN THE GABRIEL ELIAS BANDA CASE TOMORROW
….as the former UNZASU President spends 6 days in Police custody
Lusaka, Tuesday, October 3, 2023 (Smart Eagles)
The Attorney General and the police are tomorrow at 10:00 hours expected to appear before the Lusaka High Court in relation to a case where Socialist Party (SP) National Youth Secretary Elias Gabriel Banda has applied for Habeas Corpus.
Contrary to the rule of law that President Hakainde Hichilema repeatedly preaches, Mr Banda has been subjected to inhuman treatment as he remains detained at KANAKANTAPA rural Police Post in Chongwe for six (6) days.
He was arrested on Thursday last week for two offences of Proposing Violence and Criminal Trespass.
Despite meeting requirements for him to get police bond, the police have made it “impossible” for the vibrant young leader to leave the cells.
The conduct of the police in the case in question has left a lot of stakeholders in shock as it does not reflect what the Head of State and “government of angels” preach.
After his arrest on the Thursday last week, he was detained at Chelstone Police Station.
To the shock of his lawyers, members of the party and all well-meaning Zambians, Mr Banda was carried in the middle of the night in a very unfortunate way to where he currently is detained.
One of his lawyers, Simon Melunga told the media on Friday last week that “he was carried by the C5.”
“Now, what again we find strange is that our client, they wrote that he was taken to Lilayi but they have brought him this far… he was carried in a very unfortunate way, he was carried by the C5. They were firing gunshots, you know, unnecessary drama. The offences he committed are misdemeanors.”
Mr Mulenga added that “we received disturbing news last night that Gabriel had actually been moved from Chelstone Police. We left him in the lawful custody of Chelstone Police and the arresting officer assured us that he will be given police bond once he meets everything that is supposed to be handed over to the police.”
The Lawyer explained that Mr Banda met all police bond requirements.
“…but of course she (the arresting officer) has been elusive, she is nowhere to be seen. The next thing we get is a report that our client has been moved from Chelston Police. Now, what is very strange or what is very funny is that we were told that Gabriel is being moved together with other colleagues because they needed to decongest the police,” he said.
And Mr Miyanda Banda, another lawyer representing the suspect wondered why the police had issued contradicting statements on the matter.
“Basically we came to visit our client. My colleague came at 06:30 but he was not allowed entry by the police, and I came and joined later…The information they have given us is that my client has been moved to Nakantapa. I have seen it very strange because when my colleague came, the other counsel, he was told that my client is inside the cells here. So there are two conflicting statements,” Mr Miyanda said.
“So we don’t know whether it was true that my client, Gabriel Banda is in Nakantapa, Chongwe area to see whether what the police are saying is true or not. Of course you can see that there are a lot of lies, a lot of contradictions with the police. We don’t know their intentions and they know that Gabriel is being represented. When asking them what time Gabriel was taken to Nakantapa they said I should get in touch with Rae Hamoonga, very very strange position.”
Earlier on Friday, Chief Inspector Rachael Nzovu of the Zambia Police stationed at Chelstone Police Station denied the former UNZASU President Police bond on a bondable offense.
The mentioned parties are however supposed to appear before High Court Judge Honourable Lady Justice G. M. Salasini tomorrow.
