Release me or charge me, demands Spax
BABA Mulenga Kabaso popularly known as ‘‘Spax’’ has asked the Lusaka High Court to secure his release arguing that there is no justifiable reason for the State to keep him in detention without a charge since February 26 this year.
Kabaso, a resident of Chingola says he was a businessman by profession.
According to summons for grant of permission to issue a writ of Habeas Corpus filed in the Lusaka High Court yesterday Kabaso sued the Attorney General and the Zambia Police Service through his lawyers Freddie and Company of Kitwe and Iven Mulenga and Company of Lusaka.
He stated that his constitutional rights against unlawful detention had been breached and will continue to be infringed, adding that it is only fair and just that a writ of Habeas Corpus Ad subjiciendum (the right of a citizen to obtain protection against illegal imprisonment) be issued immediately to secure his protection under the law.
He stated that he was apprehended on February 26 by police officers in Chingola who identified themselves as crime one police officers from Lusaka and was brought to Lusaka on the same day and detained at Chelstone Police Station.
Mulenga stated that whilst at Chelstone Police, he was kept in a cell throughout and no one was allowed to see him and he was equally not allowed to talk to his advocates until Saturday, February 29 when he was taken to the Criminal Investigations Officer's (CIO’s) where a warn and caution statement was administered to him on suspicion of murder of Emmanuel Mapunda Chibwe.
He said he was also advised by police that officers from crime one police that he was being investigated in relation to a case of murder and use of military combat without authority. “After the warn and caution was administered, I was not charged with any offence but was transferred from Chelstone police to Chilenje police before being taken to Ibex Hill police station where I have been kept without being charged with any offence,” read the documents.
Kabaso stated that police informed him that he cannot be released until further notice as they are still carrying out investigations and that they had not yet formulated the charge.
Mulenga believes that the police are vindictive and abusing their powers by declining to release him or charging him or taking him before a competitive court because from the time of his arrest, he has not been charged or taken to court.
"My continued detention without being charged is not only unjustifiable but also unlawful as it is unconstitutional in that my fundamental and connotation guaranteed rights to freedom and liberty are being blatantly violated and unfairly prejudiced," Mulenga said.
He also stated that all attempts to have the matter brought to court have been futile as the police' servants and agents insist that he remains in police custody.
Mulenga stated that he had been reliably advised by his advocates and believe that a person alleged to have committed an offence has a constitutional right to protection of the law in that he is presumed innocent and until brought before a competent court of law and found guilty and if not tried within a reasonable time, then he shall be released either unconditional or upon reasonable conditions.