Foreign Gold Scam Suspect Sues State Over Illegal Detention


More gold ‘mafia’ demand release from detention

FIVE more suspects involved in the frustrated gold scam have continued to pester law enforcement agencies for their release from detention.

Ali Abdulla Al-Safi, Noha Nadim an Egyptian national, David De-la Cruz Castilla a Spanish national, Tennis De-mooiy a Dutch national and ZamQlik solutions limited director Oswald Diangamo have filed writs of Habeas corpus before the High Court demanding that law enforcement officers appear before an adjudicator to explain why they continue to be detained on bailable charges.

According to an affidavit in support of ex-parte summons for leave to issue a writ of habeas corpus ad subjiciendum, the foreign nationals indicted that they were engaged as pilots and flight attendants by Flying Group Middle East FZCA, the operations and management company that runs the Bambardier Global XRS, serial No SN9159 and registration No. T7-WSS.

They said on August 14, 2023, they were detained by the Drug Enforcement Commission and other law enforcement agencies on allegations of money laundering among other charges at the Kenneth Kaunda International Airport (KKIA) on unfounded grounds

The quartet said following its arrest, its employers engaged lawyers to represent them and give them an update.

The four said on August 16, 2023 they were charged with an offence of giving false information to a public servant contrary to a purported section 106(a) of the penal code, chapter 87 of the laws of Zambia.

They said according to their lawyers the cited section was repealed.

The four stated that the citing of repealed law is a scheme to infringe on their basic human rights.

“We have been informed by the joint team of law enforcement agencies that we could not be released on police bond until further notice as they have not yet concluded their investigations,” the suspects said.

The foreign nationals said the joint team of law enforcement officers are abusing their power by refusing to grant them police bond or arraign them before Court.

They said their continued detention is unconstitutional as their fundamental rights to freedom and liberty are being blatantly violated.

“It is only fair and just that a writ of Habeas Corpus Ad Subjiciendum be issued forthwith to secure our protection under the law. This is the only available interim means by which validity of our unjustifiable continued detention can be effectively questioned,”said the foreign nationals.

“We strongly believe an order for our release will prevent the high likelihood of any delay by our custodians defeating the due course of justice. We are foreign nationals who have never been to Zambia and have no relations who can offer us solidarity or provide us with essential necessities during our unlawful detention which leaves us at the mercy of the police and DEC.”

Diangamo indicated that he was charged with the offence of disposing of property suspected to be proceeds of crime.

He said the offence he is charged with is bailable and he has sureties ready to sign for his release but he has not been granted police bond by the State.

Diangamo said he has been held in a police cell under unsanitary conditions by the police at Kabwata police station and the law enforcement officers have not given a valid reason for his continued detention.

He said the delay in granting him bond is unreasonable and unconstitutional.

Diangamo requested that the Court issues a writ of Habeas Corpus so that the officers can explain their inordinate delay to release him from detention.

By Mwaka Ndawa

Kalemba August 23, 2023.


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