CHINGOLA business man Kabaso Mulenga known to many as Spax has pushed an application in the High Court demanding that Police take him to court or release him from detention.
He has been in police detention since February 26 on accusations of murder.
Police have not given further details on Spax case besides saying the Jerabo has been warned and cautioned for murder and is detained in Lusaka.
But Spax now has now applied for leave to issue a writ of Habeas Corpus AD Subjiciendum directing the police to either release him or take him to court so that he can be tried on allegations of murder and unauthorised use of uniforms.
Mulenga has sued the stated and cited the Attorney General in the matter seeking an order that he be released from police custody as he has not been charged for any offence.
Mulenga was warned and cautioned for murder and unauthorised use of uniforms by the police on March 2, following his apprehension on February 26, this year but he has not been taken to court.
In his affidavit in support of Ex-parte summons for grant of leave to issue a writ of Habeas Corpus AD Subjiciendum Mulenga who is a businessman and proprietor of Spax mining said that his continued detention without being charged, is not only unjustifiable but also unlawful as it is unconstitutional because his fundamental and guaranteed rights to freedom and liberty are being blatantly violated and unfairly prejudiced.
Mulenga contended that on February 26, he was apprehended by police officers in Chingola on the Copperbelt province who identified themselves as crime one police officers of police headquarters Lusaka and he was brought to Lusaka the same day and detained him at Chelston police station.
The murder suspect said whilst at chilenje police station he was detained in cells and no one was allowed to see him neither was he allowed to talk to his lawyers until Saturday February 29, when he was taken to the Chief Investigations Officer’s office for a warn and caution statement for the alleged murder of Emmanuel Chibwe.
Mulenga said officers from crime one of police headquarters advised him that he was being investigated in relation to a case of murder and use of military combat without authority.
He said after warn and caution statement was administered he (Mulenga) was not charged with any offence but he was transferred from Chelston police station to Chilenje police station and later transferred to Ibex Hill police station where has been kept without being charged.
” I have been informed that I cannot be released by the police until further notice as they are still carrying out Investigations and that they have not yet formulated the charge and I believe that the state, 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 February 26,2020 I have not been charged or presented before a court of law to any charge.” Mulenga lamented
He claimed that attempts to have the matter brought before court have proved futile as the police insist that he remains in their custody.
Mulenga stated that any person who is arrested or detained and not released shall be taken to court without delay and that a person alleged to have committed an offence has the Constitutional right to protection of the law as he is presumed innocent until proven guilty by the court, and if not tried within a reasonable time, then he shall be released either unconditionally or on reasonable conditions.
He contended that his rights against unlawful detention has been breached and will continue to be infringed and it is only fair and just that a writ of Habeas Corpus AD Subjiciendum be issued forthwith to secure his protection under the law.
” In the interim I strongly believe an
order for my release will prevent the high likelihood of any delayed by
my custodians defeating the due course of justice which should not only
be deemed to be done but also seen to be done,” Mulenga said
” I have been informed that since my detention ad before being brought to court a number of false statements have been issued in various media which keep tarnishing my good reputation.”
Spax lamented that the false statements are causing injustice and prejudice to him as he is being prosecuted through the media, thereby likely to cause people to have a falsified view of his detention.
He craves the indulgence if the court to grant him leave to issue a writ of Habeas Corpus as his continued stay in police cells not only infringed his constitutional rights but also affects the lives of thousands of workers who solely depend on him on a daily basis for their livelihood.