A MAGISTRATE yesterday refused to release passports belonging to three Chinese and a South Korean accused of trafficking a Vietnamese for purposes of sexual exploitation.
Magistrate Idah Phiri said releasing the travel documents may defeat the purpose of securing the attendance of the accused persons.
This is in a case four Asians are charged with two counts of prohibition of trafficking in persons and giving a false statement.
The accused are Liu Gang, Pan Peng, Jia Yuqi, and Han Ho Bae, all aged between 28 and 65.
Between March 1 and June 3, 2023, in Lusaka, the four jointly and while acting together, the accused intentionally and unlawfully trafficked a Vietnamese for the purpose of sexual exploitation.
In the second count, allegations are that between the same dates, Pan and Han made a false statement that the said Vietnamese was coming to Zambia to visit family, when in fact not.
When the case came up yesterday for mention, defence lawyer Wallace Chitungu applied that smart phones confiscated from his clients be released.
“When the accused one and four were arrested on June 3, 2023, they had in their possession, about five mobile phones.
These phones include a Samsung, an IPhone 13 Promax, IPhone 14 Promax and and an IPhone 13 Pro, and another Samsung.
Mr Chitungu said after being released on bond, the four accused persons made follow-ups to collect the phones from the arresting officer but were informed that the phones cannot be handed back.
Mr Chitungu said his clients are in need of the phones which have very important applications installed on them
“Accused number two, am told that on his phone, he has installed a formula with specific ingredients that he uses for his water purification for his projects,” he said.
The lawyer said accused two and three have installed a specific application for payment of personal loans on the Government of the Republic of China’s e-governement bus.
He said the refusal to release the phones was in contravention of Article 16 of the Constitution which prohibits deprivation of any personal assets.
The lawyer also urged the court to allow his clients access their passports because accused number four needs to visit his father in law in Cambodia who is seriously ill.
“Accused one to three have instructed me that they are all businesses persons and from time to time need to fly from Zambia to China and back in business trips,” Mr Chitungu said.
In her ruling, magistrate Phiri dismissed the application to release the passports to secure attendance of the accused.
The magistrate ordered that an officer should appear before her and explain why the accused phones in still in his custody.
But she She ordered that the arresting be called to explain why the accuseds’ phones were not handed back to them.
(Mwebantu, Friday, 8th September, 2023)