Kasanda wants aggravated robbery case taken to High Court
LUSAKA businessman, Shadreck Kasanda has applied for a preliminary enquiry in the Lusaka Magistrate Court for his aggravated robbery charge be committed to the High court.
Kasanda through his lawyers said the matter has taken long to be committed to the High court as he was arrested seven months ago.
Meanwhile, Kasanda's lawyers have warned the State to speed up the matter because no one is above the law.
The defense argued that the matter has taken long to be committed to the High Court for plea in the name of waiting for consent from the director of public prosecution (DPP).
In this matter, Kasanda charged with aggravated Robbery Contrary to Section 294 (2) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offense states that Kasanda whilst armed with an offensive weapon namely a firearm, stole $5,000,000.00 from Botros.
It is alleged that, on August 13, 2023 in Lusaka jointly and whilst acting together with other persons unknown threatened to use actual violence on Botros inorder retain or obtain the things he stole.
It is also alleged that Kasanda used a pistol on Botros to prevent or overcome resistance as he stole the money.
The defense further submitted that the accused was arrested and charged with aggravated robbery on September 8, 2023 and over seven months the accused has not committed.
"The defense wish to oppose the application by the state to adjourn the matter. As the record will show that the accused was arrested and charge with aggravated robbery on September 8, accused person has been in custody for over seven months and has not been committed. This is illegal and against the law firm keeping the accused for such a long time," defense submitted.
The defense said the subordinate court has power to institute a preliminary enquiry pursuant to section 223 and 69 of the CPC cap 88 of the laws of Zambia for the charge of the accused person to be committed to the high court.
In response, the State said the application to adjourn the matter does not bring injustice to the accused person as alleged by the defense.
"The date in question of the arrest should not be entertained by the court because it was date of arrest not when the matter was brought to court.The matter was just allocated to this court last week. May the court grant the adjournment of possible issuance of the certificate," the state submitted.
The court has since adjourned the matter to March 21,2024 for ruling.