By Esther Chisola
Gold scam suspect Shadreck Kasanda has applied for habeas corpus following his recent re-arrest arguing that from the time he was re-arrested on October 10, 2024 to date, he has not been presented before any court.
Kasanda who has cited the Attorney General in his application stated that sometime around November, 2023, trial commenced in respect of the charge for espionage and proceeded all the way to October 10, 2024.
He stated that midway through trial, the prosecution rose and informed the court that the Director of Public Prosecution (DPP) had decided to enter a nolle prosequi, and as a result he was discharged.
“On the same day, October 10, and barely an hour from my discharge, I was re-arrested and detained by the respondent without being informed of the reasons for my re-arrest. That on October 10, 2024, a warn and caution statement was administered to me for the same offence of espionage in respect of which a nolle prosequi had been entered,” he stated.
Kasanda further submitted that from the day of his re-arrest, up to date, he had been in detention without cause or being charged of any offence.
“That the state has refused or neglected to charge me and take me to court and my lawyers’ efforts to have me released have also failed as the police alleged that they are still investigating the matter. That my continued detention by the respondent without any charge or cause is unlawful and unconstitutional,” he stated.
“I respectfully apply to this court to issue forthwith a writ of habeas corpus directing the officer in charge, Ridgeway Police station to present me before this court immediately after receipt of such writ to undergo and receive all and singular such matters and things as this court shall then and there consider the legality of my continued detention without cause or charge”.
He implored the court to inquire into the legality and validity of the denial of his liberty by the respondent by scrutinising rigorously the impugned detention
“That this is a proper and fit case in which the writ of habeas corpus should be issued immediately as I am being detained illegally without any justifiable cause and or without charge of any offence. I believe this court has power to forthwith issue a writ of habeas corpus,” stated Kasanda.
