Hiding in UN doesn’t make Mundubile, Makebi flight risks – Katolo
ONE of the defence lawyers Milner Katolo says Brian Mundubile and Makebi Zulu should not be considered flight risks simply because they sought refuge at a United Nations facility, arguing that their decision was driven by fear for their lives.
Katolo said the two applicants went to the UN facility after alleged shootings at their homes and the killing of Mutotwe Kafwaya, insisting that the circumstances must be considered before their actions are interpreted as an attempt to evade the law.
He said this after the Lusaka High Court heard arguments over the State’s application to expunge five paragraphs from an affidavit filed by Mundubile and 17 co-applicants in their constitutional bail case.
The disputed paragraphs explain why Mundubile and Zulu sought refuge at the UN facility before eventually surrendering to police.
Katolo said the applicants had to explain why they were not flight risks after the State cited their stay at the UN facility as a reason for opposing bail.
“They did not expect them to just say we are not a flight risk, they needed to explain how they are not a flight risk,” Katolo told journalists.
The lawyer maintained that the paragraphs were not new evidence but a clarification responding to the State’s allegation that the two applicants posed a flight risk.
Meanwhile, Chief State Advocate Chali Hambayi said the State objected to the paragraphs because they introduced issues that had not previously been raised and denied the prosecution an opportunity to respond.
“If we had not raised that objection, those matters would have gone on to the court without us having an opportunity to respond to them,” Hambayi said.
She said the State was seeking to have the disputed paragraphs removed from the court record before the substantive constitutional bail arguments could proceed.
The court has reserved its ruling on the objection to Friday at 11:00 hours, when it is also expected to proceed with the substantive bail application.
The 18 applicants are seeking unconditional release or bail on reasonable conditions, arguing that their continued detention without trial for an extended period violates their constitutional rights.
By Kalemba