President Edgar Lungu enjoys a light moment with Valden Findlay at State House

By New Dawn Reporter
THE Lusaka magistrate Court has heard that prominent businessman, Harry Findlay needs urgent medical attention abroad as he suffers from a serious heart condition.

This came to light today, when Findlay through his lawyers, applied that his passport be given back to him for purposes to seek medical attention abroad.

His lawyers led by Milner Katolo, Jonas Zimba of Makebi Zulu Advocates and Charles Changano informed Magistrate Sylvia Munyinya that Findlay has a heart complication which has resulted into blocked arteries and needs urgent medical attention.

However, the Anti-Corruption Commission (ACC) objected to the application for the passport to be realised, saying the property Findlay was asking the court to order the State to release to him was part of the evidence in the matter he is appearing before court.
Lawyer, Katolo informed the court that Findlay has been unwell and currently was on bed rest for four days, adding that even the Ministry of Health has recommended that he seeks medical attention over his heart condition which is a life-threatening condition.

“… application to release passport number ZP032178 to the accused for purposes of helping him move to attend medical treatment in Hospital outside Zambia, as the Court will note that the accused is unwell, currently placed on a four-day bed rest but still came to court because of the respect and regard he has. The documents I have laid before the court show among others a letter from the ministry of health confirming that the witness or the accused has a serious heart condition. There is also a document from Medland hospital which clearly states that our client needs to do an angiogram to restore circulation of blood in his heart. Your honour, in-terms of provisions of article 18, the accused is entitled to adequate facilities to enable him prepare his defence, I wish to submit that those adequate facilities include being physically fit and follow the proceedings and appreciate fully the nature of the proceedings,” Katolo said.
He further, stated that during the course of the proceeding today, Findlay developed pain and had informed him about the need to step down because of the pain he was experiencing.

Katolo said it was also clear that the court wouldn’t want to proceed with a person who is unwell.
“…even as we were sitting this morning your honour, he passed a note to me to beseech the court to halt the proceedings because he was feeling so unwell. We have no aorta of doubting our minds that this Honourable court would want to try a person who is physically unwell. We beseech you to order that even if this is on a temporal basis the passport to allow the accused access urgent medical services required to restore his heart condition,” Katolo pleaded.

Zimba, another lawyer from Makebi Zulu Advocate, informed the court that Findlay needs to undergo a heart operation abroad as the condition had become serious.

“…the accused person before you need to undergo a procedure otherwise an operation. Atherosclerotic, this is a block in the artery …which is an attack in those circumstances. These are urgent conditions to be prevented, in any slight delay, maybe catastrophic as regards to these proceedings,” he said.

He further, informed court that Findlay was not a flight risk as he had respected the court from the time he was apprehended by the authority.

“The court will also notice that from the first day of these proceedings the accused person has been present in court on bond and therefore he is not a flight risk. It is our prayer at this court exercise its on the accused,” he said.

However, the prosecution objected to the application saying the passport was one of the main evidence in the matter.
Magistrate Munyinya has since set Tuesday next week to rule on whether to grant the application by Findlay or not.
(Findlay and his lawyers, Milner Katolo and Charles Changano after court today)


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