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High Court denies businessman Kasanda constitutional bail in $5 million theft case

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High Court, Judge Chilombo Maka, has denied businessman Sedrick Kasanda’s application for constitutional bail in a case involving the alleged theft of $5 million from an Egyptian national.

The case was tied to the infamous gold scandal that took place at Kenneth Kaunda International Airport last year.

Kasanda’s legal team, led by former Solicitor-General, Abraham Mwansa, argued before the court that his prolonged detention—spanning over a year—was both unreasonable and a violation of his human rights.

“The State has continuously failed to produce key witnesses, including the arresting officer and two Egyptians who are central to this case,” Mwansa argued.

He further stressed that “The trial has been unreasonably delayed, and our client is being subjected to an indefinite period of incarceration without a fair trial.”

Despite these arguments, Justice Maka ruled that the trial had only officially begun 47 days ago, dismissing the claim of unreasonable delay.

“While it is true that the accused was arrested last year in August, the actual trial proceedings commenced recently. Therefore, I find no unreasonable delay in the trial process,” Justice Maka stated.

Earlier in the proceedings, Deputy State Advocate, Richard Masempela m, requested a 30-minute break to prepare a new witness after failing to present key witnesses, including the arresting officer and the two Egyptians.

However, the defense strongly objected to this request, accusing the State of inconsistent and unprepared conduct.

Read More: Kasanda seeks constitutional bail over state’s delay in prosecuting alleged $5 million theft case

“The State’s repeated changes in witnesses without any solid justification is a clear abuse of the court’s process,” Mwansa contended.

“They have failed to provide reasons for recalling previous witnesses like William Mutesa and this application lacks solid grounds. The State’s actions are bringing about perceptions and insinuations in the dispensation of justice.”

Mwansa further urged the court to deny the State’s request, stating, “If the State has no witnesses, they should close their case. The court’s diary should not be run by the bar.”

In response, Justice Maka denied the State’s request for a break, ruling that the trial would proceed without further delay.

“The trial must move forward without undue interruptions. The State is expected to present its remaining witnesses and close its case by Friday,” she ordered.

The case, which had attracted significant public interest due to its connections to the gold scandal, would continue with the State presenting its final witnesses before closing its case.

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