VALDEN Findlay, a close ally of former president Edgar Lungu, has begged the Lusaka Magistrates’ Court to grant him access to one of his many passports so that he travel for medical treatment.
The Lusaka-based business man says he needs to undergo a surgery to widen his narrowed blood vessels that supply blood to the heart.
His lawyer, Milner Katolo asked magistrate Sylvia Munyinya to release his client’s passport number ZP032178 to enable him access medical attention as he has been consistently having heart attacks and is currently on a four-day bed rest.
“A number of documents that are before this court show among others a letter from the ministry of health confirming that the accused has a serious heart condition. There is also a document from the hospital which clearly states that our client needs to do an angiogram to restore circulation of blood to his heart,” Katolo said.
“Even as we were sitting, he passed me a note instructing me to request the Court to stop the proceedings because he was feeling so unwell. We humbly beseach you to release the pasport even on temtropal basis.”
He submitted that in line with provisions of Article 18 of the Constitution Findlay is entitled to health care and he has to be physically and mentally fit in order to follow the proceedings and prepare for his defence.
Anothter one of Findlay’s lawyers, Jonas Zimba submitted that his client urgently need to be operated on to prevent a retinal artery blockage as any slight delay may be catastrophic.
Zimba said Findlay was released on bond and has always availed himself before court to answer to his criminal charges.
And Charles Changano said Findlay is not a flight risk as he presented himself before the Drug Enforcement Commission when he was summoned over the alleged criminal charges, by suspending treatment for his coronary artery disease which was being managed outside the country.
In response, State advocate Charity Bauleni said the passport ZP 032178 which Findlay wants the Court to surrender is the subject of the proceedings and has not yet been submitted as evidence before Court.
She said having not been submitted as an exhibit before court, releasing the passport will be prejudicial to the State as the charges are anchored on the said travel permit.
“We deeply sympathise with the accsued, however, in the circumstances we pray that the court dismisses this application for reasons we have stated that the exhibit has not been placed before this court. And it is against this that we are highly relying on it,” said Bauleni.
Katolo argued that Section 179 of the Criminal Procedure Code does not prescribe the time amid trial when such an application can be made.
He said it was disheartening that the State could only show sympathy on a matter that requires urgent attention as the accused only wished to use the passport temporarily and would give it back to the Court upon his return.
Magistrate Munyinya adjourned the matter to February 14 for a ruling.
Findlay is accused of posessing multiple travel permits and having a fake entry endorsement stamp in one out of the various passports.
Allegations in the first count are that Findlay on March 14, 2014 acquired a Zambian passport number ZP021382 purporting that his other passport ZP013259 had gone missing when infact not.
In the second count it is alleged that Findlay on October 3, 2022 had a forged immigration endorsed stamp for Mwami immigration border control in his passport number ZP032178 purporting that it was officially endorsed when infact not.
Kalemba February 7, 2023
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