By 
Sedrick Kasanda has filed for constitutional bail, accusing the state of failing to prosecute his case involving the alleged theft of US$5 million from an Egyptian linked to last year’s gold scandal at Kenneth Kaunda International Airport.
Kasanda’s application, led by former Solicitor General Abraham Mwansa, followed the state’s inability to present key witnesses, including the arresting officer.
On Wednesday morning, Judge Chilombo Maka demanded that the state produce the arresting officer by 14:00 hours to testify, refusing to grant an adjournment at the state’s request.
Deputy State Advocate, Richard Masempela, had sought a delay, claiming the state was still finalising witness arrangements.
Masempela admitted that the arresting officer, currently on official duty in the Copperbelt, was unavailable due to an oversight in scheduling.
Judge Maka challenged Masempela’s shifting excuses, questioning the state’s readiness and demanding proof of the officer’s whereabouts.
The state advocate could not provide documentary evidence but insisted the officer was in Kasumbalesa.
When pressed about the availability of Egyptian witnesses for Thursday’s session, Masempela, who had earlier said they were arriving Wednesday night, deferred, requesting more time to check their status.
State Counsel Mwansa argued that the state’s repeated failures and lack of commitment warrant invoking Article 13(1) of the Constitution for constitutional bail.
He highlighted that Kasanda had been detained since his arrest on August 8 of last year and criticized the state for its continued inability to produce witnesses, including the arresting officer.
Mwansa emphasized that the state’s conduct showed a clear lack of readiness to prosecute the case and urged the court to grant bail under Article 13(3) of the Constitution, asserting that Kasanda would comply with any reasonable conditions set by the court.
In response, State Advocate Masempela contended that seeking an adjournment for one more day did not constitute an unreasonable delay, citing the three-day period allocated for the August session.
He argued that the absence of the arresting officer was not deliberate and requested the court to dismiss the bail application for lack of merit.
Justice Maka reserved ruling on the application for constitutional bail until Thursday.
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