STATE OPPOSES THE DISCHARGE OF SHADRECK KASANDA IN AGGRAVATED ROBBERY CASE
LUSAKA businessman Shadreck Kasanda will have to wait for another month to be put in the dock for his aggravated robbery case, as the State has refused to have him released until his gold clients, the Egyptian nationals, show up to testify against him.
Early this month, Kasanda pleaded not guilty to aggravated robbery before High Court Judge Chilombo Maka and only local witnesses testified in the case.
On Thursday, Kasanda could not be tried as the State failed to secure the attendance of the complainants due to resource constraints.
In this matter, it is alleged that Kasanda on August 13, 2023 whilst armed with a pistol, stole US$5,000,000.00 from Egyptian Micheal Adel Michel Botros and immediately after stealing, used or threatened to use actual violence against the Egyptian national in order prevent him from retaining the stolen money.
When the matter came up on Thursday, State advocate Richard Masempela requested for an adjournment on reasons that the Egyptian witnesses had failed to come due to logistical challenges.
Henry requested that the matter be adjourned for a month so that the State can secure the attendance of the witnesses and conclude the case.
However Kasanda’s lawyer Abraham Mwansa objected to the State’s application wondering why the prosecution wanted the aggravated robbery case to be tried at the same time with the espionage case.
“The state has necessary resources at its disposal to ensure these witnesses are brought to the country. It has been 17 days from the date the state assured this court that the witness will be brought to this court and nothing has been done,” he said.
Mwansa submitted that Kasanda’s constitutionally guaranteed rights have been infringed upon and continue to be infringed upon by the State
“Courts of law are not a play ground and shouldn’t be at any rate be brought into ridicule in the manner the State is trying to do. I know it is practically possible for the state to bring these witnesses even by this evening because the state has the resources,” Mwansa said.
He insisted that the case comes up on Friday for continued trial as earlier scheduled or in the alternative the State should free his client.
“The state should reach a compromise and allow this court in the meantime to discharge the accused person in order to allow the state to thoroughly prepare for the prosecution of this matter, rather than to have continued incarceration of the accused. He is innocent until proven guilty,” said Mwansa.
Masempela said securing the attendance of witnesses on Friday was impossible and opposed to having Kasanda discharged.
“It is too early in the day to allow for the discharge of the accused,” said Masempela
He requested that the matter be adjourned to August 14 and 16.
Judge Maka reluctantly granted the application for an adjournment based on the assurance by the state that the Egyptian witnesses will be brought after next month.
By Mwaka Ndawa
Kalemba