Court to undertake preliminary inquiry on Kasanda’s aggravated robbery case

LUSAKA Magistrate, George Njobvu has granted Lusaka businessman, Shadreck Kasanda's application for the court to hold a preliminary inquiry against his aggravated robbery case to determine if there was enough evidence to justify a trial.

Mr Njobvu in his ruling yesterday said Kasanda was right to request for a preliminary inquiry because the case has taken long to be committed to the High Court.

Magistrate Njobvu also ruled that a preliminary inquiry shall be held, because the court has powers to do so.

Kasanda is charged with aggravated robbery contrary to Section 294 (2) of the Penal Code Chapter 87 of the laws of Zambia.

Particulars of the offence states that Kasanda whilst armed with an offensive weapon namely a firearm, stole US$5, 000, 000 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 to 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.

Kasanda through his lawyers, among them Mr. Nkula Botha, had submitted before the court that the matter has taken long to be committed to the High Court and the accused has been in custody for seven months.

The defence team 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).

"The record will show that the accused was arrested and charged 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," the defense submitted.

The court granted the state an adjournment and set April 3, for commencement of preliminary inquiry.