Lawyer asks court to refer K2m fake currency case to High Court

PLANS by the State to enter a nolle prosequi in a case in which three police officers are charged for being in possession of over K2 million counterfeit notes yesterday failed after their lawyer asked the court to refer the matter to the High Court for Constitutional determination.

When the case came up for commencement of trial before Magistrate Muzambalika Simwatachela, Defence counsel, Keith Mweemba disclosed that sources told him that the State was planning to enter a nolle prosequi and thereafter re-arrest the accused persons.

Mr Mweemba applied to have the matter referred to the High Court for Constitutional determination stating that his clients’ rights and fundamental freedoms were being violated.

He said his clients spent 14 days in custody and there was information from sources that instead of beginning trial, the state wants to enter a nolle prosequi in the matter and then re-arrest them.

"Surely you detain people for 14 days in custody on a bailable offence, instead of commencing trial you want to enter a nolle, does that amount to fair trial, these are the questions we want to refer to the High Court as it is unconstitutional to detain people for that long,” he said.

Mr Mweemba said once a nolle is entered, his clients would be infringed.

The state applied for an adjournment to respond to the application and the matter has been adjourned to May 4th 2018. This is in a case in which Chief Inspector Maybin Kasezya, 43, of Chelston Police Station, Inspector Maureen Nawa, 45, also of Chelston Police Station and Sergeant Joyford Mambe, 29, of Nakonde Police Station are charged for being in possession of counterfeit notes amounting to over K2.4 Million in K100 bills.