THE Lusaka Magistrates Court has summoned a Drug Enforcement Commission (DEC) officer to explain why she ordered the arrest of businessman Shaderick Kasanda when he was supposed to be appearing in court.
The subpoena against the officer, only identified as Ms Chisenga, was issued by Lusaka chief resident magistrate Davies Chibwili.
This came to light yesterday when the case involving Kasanda and 10 others charged with Espionage was came up.
When the matter was called for continued hearing of preliminary issues, the court was informed that Kasanda was not present while the rest of the accused, who include five Egyptians, were before court.
State advocate Gracilia Mulenga told the court that she received a call that Kasanda had been ‘picked up’ by law enforcers.
“I have just been informed that the sixth accused person has been picked up by the law enforcement agencies. I am yet to get full details on some other charges,” Ms Mulenga said.
At this point, defence lawyer Makebi Zulu applied that the officer who arrested his client be cited for contempt of court because according to court directions, his client was supposed to be in court the time he was nabbed.
“There was an order that all the accused should be before you at14:00hours. The law enforcement agencies cannot defy that order especially that they are fully aware that the accused was to be before you. The prudent thing to do would have been to wait for these proceedings to take off and there after carry on with their work,” he said.
The court briefly adjourned so that the person who was in the custody of Kasanda should explain his whereabouts.
Mr Zulu is the one who located the police officer who was in the custody of his client before the accused was picked by DEC officers from the holding cell.
Inspector Kelvin Kapaso told the court that the accused was picked up by DEC officers and that he did not know the name of the male DEC officer who picked up Kasanda.
He said when he queried the male DEC officer why he picked Kasanda, the man referred him to his officer-in-charge at DEC.
But Mr Zulu, who advised Mr Kapaso to say the truth, wondered why the police officer said that he did not know the female DEC in-charge who was behind the arrest of Kasanda.
“I was with you when the same woman was pretending to be on phone,” he said.
Mr Zulu reminded Mr Kapaso that the same officer is question is Ms Chisenga.
The lawyer then applied that Ms Chisenga been subpoena as Ms Mulenga objected arguing that the identity of the person to be subpoenad was not fully known and that it came from the bar, though Mr Zulu.
But Mr Zulu said he wondered why the State was being defensive and “it seems they know something”.
The court proceeded to subpoena the DEC officer and adjourned the case to tomorrow.
In an interview after the case, Mr Zulu described the development as “an abduction”.
(Mwebantu, Thursday, 31st August, 2023)