IBA accountant wants to be taken to court

THE detained accountant who was apprehended in connection with Independent Broadcasting Authority (IBA) director general Guntila Muleya’s death wants to be presented to court because he feels his continued detention is unconstitutional.

Francis Chipyoka, has since applied for leave for habeas corpus so that the police can be compelled to present him before court.

Police recently arrested Mr Chipyoka, plus two are regular police officers while one is a reserve cop, as part of investigations into the death of Mr Muleya.

Mr Muleya,44, was found dead last Wednesday in Lusaka’s Njolwe area.

A bullet wound was found in the head and investigations into the gruesome murder are still underway.

However, Mr Chipyoka’s lawyers protest that their client’s continued detention, for about a week, without a charge is unjustifiably unlawful and unconstitutional.

“The detainee’s fundamental and constitutionally guaranteed rights to freedom and liberty are being blatantly violated and unfairly prejudiced,” Friday Mulenga Junior, one of the lawyers submits in an affidavit in support of ex-parte (one sided) summons for leave to issue a writ of habeas corpus filed by Mr Mulenga for his client Chipyoka in the Lusaka High Court.

He has cited Emmasdale Police Station officer-in-charge and the Attorney General as first and second respondents.

Mr Mulenga submits that his client was apprehended on July 28, 2024 by the police and that an attempt to access him the following day at Woodlands Police Station failed.

“I was informed that he was not being held there and no assistance was rendered to advise me on his whereabouts”.

Mr Mulenga said the following day, he received information from a third party that his client was at Lusaka division headquarters but was told he was he was not there when he went to check.

He submits that while at Lusaka division, the lawyer later got information that Mr Chipyoka was held in a conference room being interviewed by a joint team of law enforcers for over six hours.

The lawyer submits that he was not allowed to see his client who has neither been charged nor issued with a warn and caution statement since his apprehension.

Mr Mulenga contends that the police officer’s holding on to his client are abusing their powers by declining to charge or take the detainee before a competent court.

“All attempts to have the matter brought before the courts of law have been futile”.

(Mwebantu)