By Agness Changala-Katongo
Copperbelt based businessman popularly known as ‘Spax’ has told the Lusaka High Court that police is abusing its powers by continously detaining him without being charged for any offence.
The suspect whose real names are Baba Mulenga Kabaso revealed that the police has still not charged him with any offence since he was apprehended in Chingola on February 26, 2020, but only informed him that he was being investigated over the murder of Emmanuel Mapunda Chibwe.
According to exparte summons for grant of leave to issue writ of habeas corpus filed in the Lusaka High Court, Kabaso stated that after he was apprehended and taken to Lusaka’s Chelstone Police before he was moved to Chilenje and later Ibex Police where he is currently detained.
He stated that while there, no one was allowed to see him and was equally not allowed to talk to any of his lawyers until February 29, 2020, when he was taken into the CIO ‘s office for the purpose of administering a warn and caution statement on suspicions of the murder of a Mr Emmanuel Mapunda Chibwe.
He stated that while in the CIO’ s office, he was advised that he was still being investigated in relation to a case of murder and use of military combat without authority.
“After warn and caution, I was not charged with any offence but was transferred to Chilenje Police Station and further transfered to Ibex Hill Police where I have been since kept without being charged with any offence,” he stated.
Kabaso submitted that the police had informed him that he would not be released until further notice as they are still carrying out investigations and that they have not yet formulated the charge.
“I do verily believe that the second respondent or its servants or agents is vindictive and abusing their powers by declining to release me or charging me and taking me before a competent court because from the time of my arrest and detention, that is Wednesday 26th February, 2020, I have not been charged and /or presented before a court of law to any charge,” he stated.
Kabaso stated that his continued detention without being charged was not only unjustified but also unlawful as it was unconstitutional in that his fundamental and conotational guaranteed rights to freedom and liberty were being blantly violated and unfairly prejudiced.
Kabaso stated that all attempts to have the matter taken to court had been futile as the police insisted that he would remain in custody.
He complained that since detention and before being taken to court, a number of false statements had been issued in various media which keep tarnishing his good reputation.
“The false statements are causing injustice and prejudice to me as I am being prosecuted through the media, thereby likely to cause people to have falsified views of my detention. I crave this honourable court indulgence in granting me leave to issue a writ of Habeas Corpus as my continued stay in police cells not only infrige my Constitutional right but also affects the lives of many thousands of workers who solely depend on me on a daily basis for their livelihood,” he stated.” The granting of leave herein will serve the interest of the course of justice as I am currently detained beyond the time limits provided for by law and there is no legal basis upon which I am still being kept in custody. “