Businessman, Sedrick Kasanda, through his lawyers has questioned government’s continued delay to commit him to the High Court to stand trial on allegations of aggravated robbery related to the US$5 million stolen from an Egyptian national last year.
Kasanda applied to the Lusaka Magistrate Court to institute a preliminary enquiry to ascertain if the Subordinate court had jurisdiction to commit him to the High Court or simply discharge him.
Read more: Businessman Kasanda in another legal battle over alleged failure to settle $15,000 debt
His lawyers argued that the Magistrate Court had power to order for a preliminary enquiry to be held pursuant to Sections 223 and 69 of the Criminal Procedure Code as well as Section seven of the Criminal Procedure Code.
“A period of seven months without being committed is not only unreasonable but it must come with a solution. The accused person has been denied his right to a fair trial since September 8, 2023 and it is an infringement of his guaranteed right to a fair trial under Article 18,” he said.
The arguments arose after the State applied for an adjournment because the Director of Public Prosecutions was yet to issue instructions to commit Kasanda to the High Court.
Magistrate George Njobvu adjourned the matter to March 21 for ruling on the application.
It was alleged that on August 13, 2023, Kasanda acting together with unknown persons and armed with pistols robbed Adel Botros of US$5 million at Kenneth Kaunda International Airport (KKIA) and also threatened to use violence.
This was related to the gold gate scandal at KKIA in which Kasanda and four other Zambians are on trial for espionage.
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