LATE IBA boss Guntila Muleya’s murder suspect, Francis Chipyoka has petitioned the State in Lusaka High Court over his continued detention without being arraigned before court, six weeks after he was charged with murder.
Chipyoka is seeking a declaration for his release or in the alternative he be taken to court to answer to the charge of murder.
He is jointly charged with police officers constable Alex Zulu a member of the scorpion squad, constable Dokowe Mututsani, and civilian Samuel Dokowe.
Chipyoka who is a financial director at IBA is alleged to have paid a K650, 000 to the officers to capture and unite his boss Muleya with his ancestors, for being a thorn on his side regarding his corrupt deals.
Tired of cooling his heels for his trial, the account is now pushing for his release or his court appearance.
According to his petition Chipyoka stated that on July 28, 2024 he was apprehended by the police and formally charged with murder on August 2, 2024, but has not been taken to Court within the stipulated timeframe, thereby violating his fundamental rights to liberty and a fair trial as guaranteed by Articles 13 and 18(2)(d) of the Constitution of Zambia.
He said that he was unlawfully subjected to prolonged interrogation, during which he was denied legal representation.
Chipyoka said his right to counsel, was eventually granted after the police had extracted information from him under duress.
“The Petitioner was threatened with harm and coerced into providing self-incriminating
information that the police themselves had predetermined,”he stated.
“This conduct grossly violates the petitioner’s right to a fair trial under Article 18(1) and 18(10) of the Constitution.”
Chipyoka said the police, acting outside the bounds for their lawful authority, violated his right to protection from torture and inhuman treatment.
He said during the course of his interrogation, the he was subjected to psychological torture, including threats to his life, with the clear aim of forcing him to confess to the crime.
The accountant said his vehicle was unlawfully confiscated by the police during a search
at his residence without a warrant or legal authority, thereby violating Article 16 of the Constitution, which protects the right to property.
“Despite being informed by the petitioner’s legal representatives that the confiscation was illegal, the police refused to return the vehicle, exacerbating the deprivation of the petitioner’s rights,”Chipyoka stated.
Chipyola said he has now been in detention for a period exceeding six weeks without being taken to court, which violates the constitutional mandate for timely judicial proceedings.
“This ongoing detention is not only an affront to the petitioner’s right to liberty but also constitutes a clear violation of his right to be presumed innocent until proven guilty, as enshrined in Article 18(2)(a) of the Constitution,” he stated.
He emphasised that the right to a fair trial is a cornerstone of justice and is enshrined under Article 18 of the Constitution of Zambia, hence conduct of the police, in subjecting him to prolonged interrogation without legal representation, clearly breaching his right to a fair trial.
“The eventual access to legal counsel only after hours of coercion and threats renders the process highly irregular and unconstitutional.
The petitioner was threatened and coerced into providing self-incriminating information, which the police forced him to deliver,”Chipyoka claimed.
“This manipulation of the legal process is tantamount to a mockery of the justice system.
The Constitution of Zambia, under Article 18(10), guarantees that no person shall be compelled to testify against themselves in a manner that infringes their fundamental right of silence. The petitioner was denied this right, and the information extracted from him was obtained unlawfully.”
Chipyoka added that the failure to arraign him before Court constitutes an abuse of the legal process and a gross violation of his right to liberty and a fair hearing.
He is seeking a declaration that his continued detention without being taken to court violates Articles 11, 13, and 18 of the Constitution of Zambia, and constitutes an abuse of legal process.
Chipyoka wants an order directing his immediate release be taken to forthwith.
He wants the Hugh Court to declare that he was subjected to torture, inhuman and degrading treatment during his detention, in violation of Article 15 of the Constitution.
The account is also seeking an order directing the immediate return of his motor vehicle, and a declaration that the seizure of the vehicle without a valid warrant was unlawful and in violation of Article 61 of the Constitution of Zambia.
By Mwaka Ndawa
Kalemba September 13, 2024.
