Kasanda requests to be taken court
DETAINED Lusaka businessman Shadreck Kasanda is now at the end of his rope over his prosecution for aggravated robbery since he was re-arrested last week Tuesday, as he now wants the Lusaka High Court to compel police officers at Ibex Hill, to take him to Court.
The businessman who is accused of robbing his Egyptian Client Micheal Adel Michel Botros of US$5 million in a gold scam, has filed a writ of Habeas Corpus ad subjiciendum pleading with the Court to take interest into the unlawful deprivation of his freedom.
In an affidavit in support of ex-parte notice of motion for writ of habeas corpus ad subjiciendum, Kasanda said he was arrested for armed robbery in August 2023 and put on trial in April 2024.
He said the prosecution closed its case on August 20,2024, and his lawyers proceeded to make oral submissions for no case to answer, and the State discharged him by discontinuing the case through a nolle prosequi.
“On the same day, barely an hour from my discharge, I was re-aressted and detained by the respondent without being informed the reasons for my re-arrest,” he stated.
He explained that, on August 21, a warn and caution statement was administered to him for the same offense of aggravated robbery on same facts.
Kasanda complained that since August 20, following his re-arrest, up to date, he has been in detention without cause or being charged with any offence.
“The State has refused or neglected to charge me and take me to court, and my lawyers’ efforts to have me released have also failed, as the police allege that they are still investigating the matter,” he said.
He stated that his continued detention by the police without any charge or cause, is unlawful and unconstitutional.
“I respectfully apply to this court to issue forthwith a writ of habeas corpus directing the officer – in- charge ,Ibex Police Station to present me before court immediately after receipt of such writ, to undergo and receive all and singular such matters and things as this court shall then and there consider the legality of my continued detention without cause or charge,” said Kasanda.
“I implore this court to inquire into the legality and validity of the denial of my liberty by the State, by scrutinizing rigorously the impugned detention.“
By Mwaka Ndawa
Kalemba