STATE NOT READY IN THE HABEAS CORPUS HEARING INVOLVING FOUR FOREIGNERS IN THE GOLD-CASH GATE SCANDAL
THE habeas corpus hearing involving four foreigners, among them Egyptians in the ‘gold scam’ case, failed to proceed today because the State was not ready.
In the application for habeas corpus, the four foreigners are challenging their continued detention without being formally charged or taken to court.
The four foreigners want a Judge to assess the legality of their continued detention.
But when the case was called today for inter-parte habeas corpus application hearing, the State informed the court that it was not ready to proceed because it had received instructions today in the morning.
A State advocate however informed the court that the State will file the documents and serve them on the lawyers for the four applicants.
The matter has since been adjourned to September 1,2023.
The four foreigners are Ali Abdulla Ali Al-Safi, a Saint Kitts and Nevis national resident in Egypt, Noha Salaheldin Aly Nadim, an Egyptian, David De La Cruz Castilla, a Spaniard national and Teunis De Mooij, a Spaniard.
Through their lawyers, the four submitted in the High Court that they were engaged as a crew pilots in-flight service attendants by Flying Group Middle East FZCO, the operations and management company that runs the Bambardier Global XRS, serial No SN9159 and registration No. T7-WSS.
They say that on August 14, 2023, DEC officers and other investigators detained them at the Kenneth Kaunda International Airport (KKIA) on suspicion of, among others, money laundering.
They contend that their detention was on unfounded grounds.
Upon hearing of their detention at the KKIA, Flying Group Middle East FZCO engaged lawyers, Lungu Simwanza and Company and Andrew Musukwa and Company, to represent them.
They submit that on August 14 and 15, despite their numerous protests, the four were denied access to their lawyers and vice versa.
They complain that they were not provided access to basics like food and water at Chelstone police station where they are currently detained.
The four submit that they were only allowed access to their lawyers last week Wednesday after being transported to the National Command Center, in Lusaka’s Sikanze Police Camp where they were held from 09:00hours to 23:00hours before being warned and cautioned for allegedly giving false information to a public servant.
They further add that the offence they were cautioned for is purportedly contrary to section 106(a) of the Penal Code Chapter 87 of the Laws of Zambia but argue that the section is non-existent as it has been repealed.
The four submit that investigators informed them that they cannot be released on bond until further notice because investigations are yet to be concluded.
Mr Al-Safi and others have accused the police at Chelstone of abusing their powers by declining to grant them bond considering that they have neither been changed nor taken to court from the time they were detained.
They further complain that their continued detention is against their rights.
(Credit @Mwebantu, Wednesday, 23rd August, 2023)