PASSPORT OFFICE DID NOT CANCEL FINDALY’S PASSPORTS – STATE WITNESS
By New Dawn Reporter
THE Lusaka Magistrates Court has heard that prominent businessman Harry Valden Findlay was entitled to all his three passports as they were issued legally by the Passport Office.
Assistant Registration Officer at Passport office, Kaliwile Mulenga informed Court during cross examination that that there was nothing irregular about the three passports Findlay had as they were issued by the passport office.
Mulenga who is a State witness in the matter in which Findlay is accused of holding more than one passport, said the accused was entitled to the passports as they were not canceled.
He also said that there was no evidence suggesting that Findlay was using more than one passport, adding that it was also a fact that he was holding on to the passport because when he reapplied for a new one, the passport office did not cancel or collect the other passports.
Mulenga told court that they had allowed Findlay to reapply for the new passport because he had satisfied the passport office requirements for anyone to reapply for a new passport.
He said the only time one cannot use the passport is when the passport is revoked or has its stamp cancelled, which was not the case with Findlay, adding that Passport number ZP 013259 was not cancelled or revoked.
“What about ZP 021382, was there any cancellation stamp, what about 013259, was there any cancellation?” asked Milner Katolo before State Witness Mulenga informed court that there was no cancellation on both passports.
Mulenga said, “We allowed him to apply because we were satisfied that he complied with the needed requirement for reapplication. I cannot confirm that any of the passport was irregulary obtained too. And according to the act, Findlay was entitled to have the passport in his possession.”
He said that at no time did the passport office call or summon Findlay to surrender the passports.
“We never called him to surrender any of three passports. When one is applying for the new passport, he should reapply and attach the old one to the application which he did. And if the passport office doesn’t want the applicant to keep the old one, they will take it back from him and keep. Two passports were retrieved the one for 2014 and 2019. ZP 032178 that is the one he is using. I was not personally involved in the issuance of the passport. I saw the passport on the day of Findlay’s arrest,” he said.
Mulenga further said the passports in question were not issued by him but by late Nkhoma and that there was no record indicating that any of the passports were cancelled.
“Zimba: You can also confirm that there was no power in this case which was executed to cancel the passport. (Mulenga) – Yes your honour. Zimba: You can confirm that you have not told the court that in the said passport there was a visa, which was expiring in ten years. Mulenga: I have not told Court. Zimba: Do you confirm that the passport office was also aware that there were all these passports in the system all along? Mulenga: Yes. Zimba: Did you give a statement to the immigration; did you give the statement? Mulenga: Yes I did. Zimba: and when did you give,? Mulenga:- 4th October 2022. Zimba:- This was after the change of government? Mulenga:- Yes your honour.”
And Magistrate Sylvia Munyinya has ruled against an application by the State to submit uncertifiled documents as evidence in the same matter.
Magistrate Munyinya ruled against the state after Lawyers representing Findlay objected to the tendering of evidence which was not sown or certified.
The matter has been adjourned to 3rd March, 2023 for continuous trial…