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Patrick Kawanu, the Pilot alleged to have flown the private jet that was scheduled to leave Kenneth Kaunda International Airport m, Zambia, carrying about US$5 million cash, weapons and some suspected gold has filed a petition for a writ of habeas corpus at the Lusaka High Court on Monday.
Captain Kawanu who is in detention at Kabwata Police Station is contesting his continued detention for a bailable offense. He claims that the State formally charged him for the offense of false information by a public officer, which was bailable, but that shockingly, he was still being denied bail.
He cited the Drug Enforcement Commission (DEC) and the Attorney General as respondents.
The applicant through his lawyer, Bwalya Muchimba of Messrs. J&M Advocates, said Kawanu was capable of providing sureties to secure his release, but that the State was unreasonably delaying to grant him bail.
“That the applicant is being held in a unsanitary, poorly ventilated and very crowed Police Cell at Kabwata Police Station despite the offense in question being bondable,” he complained.
Muchimba said Kawanu had repeatedly appeared before the law enforcers whenever called upon and had provided the State with no reason whatsoever that he was incapable of adhering to bond conditions imposed on him.
“That it is therefore needful for this honourable court to adopt special responsibility regarding the unreasonable and unconstitutional denial of the applicant’s liberty by the respondent and as such the Court’s most anxious scrutiny of the detention and delay in granting of bond must be exercised,” he submitted.
He pleaded with the court to issue the applicant with the writ of habeas corpus.
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