THE next time Zambians will hear about the infamous gold scam case at Kenneth Kaunda International Airport will probably when the High Court will be delivering judgement in the matter, which has drawn public attention.
Yesterday, the Lusaka High Court directed that the case in which Sedrick Kasanda and four others are charged with Espionage should be heard in camera in the interest of state security.
Judge Ruth Chibbabbuka ordered when delivering ruling following an application by the State that the case be heard in camera to safeguard public interest.
In the ruling, Judge Chibbabbuka granted the State’s application because the court was compelled to do so.
“Once the State assesses that the evidence that is to be presented before court may be prejudicial, they are entitled to make this application which this court is obliged to grant,” Judge Chibbabbuka read the ruling.
“There is no discretion on the part of the court to hold otherwise no matter how the arguments of the defense…”
The Judge said considering the gravity of, like Espionage, in the State Security Act, it was unsurprising that lawmakers never disputed that the listed offenses be tried in camera.
“This is based on the understanding that unsatisfactory disclosure of certain information to the public can be prejudicial to the Republic of Zambia,” Judge Chibbabbuka said.
She said, on behalf of Judges Charles Zulu and Situmbeko Chocho, that in section 15 of the State Security Act, the law compels the court to grant such an application.
“The obligation of the court is derived from the word ‘shall’ which consorts a mandatory position. The basis for this is to ensure that the public are protected from any national security risks,” the judge said.
“We hold the view that based on the information given to this court by the State, that the continued hearing in open court will be prejudicial to the Republic, the same is sufficient to grant the said order and we accordingly do so”.
Judge Chibbabbuka ruled that the case be held in camera, without journalists and the public.
“We adjourn the case for five minutes to give effect to the ruling,” Judge Zulu said as journalists and the gallery left the courtroom.
Last week, Chief State advocate Nkumbiza Mumba applied that the case be heard in camera, quoting section 15 of the State Security Act Chapter 111.
“Our application is that the proceedings in this matter be held in camera on grounds that some of the evidence that will be given in this matter, if given in view of the public, may be prejudicial to the interest of the republic,” Ms Mumba submitted.
But defence lawyers, among then Abraham Mwansa, objected to the application arguing that the application ought to be made by way of summons so that the State can pin point to such evidence which maybe prejudicial to the interest of the State,” Mr Mwansa contended.
Another defence lawyer, Makebi Zulu, argued that the State should have adduced evidence to show the prejudice that will be occasioned if the case is heard in public.
“This matter is in public domain and the continued incarceration of our clients is of great interest to the public. The public wants to know what happened at the airport,” defence lawyer Mwila Chibiliti added.
Belemu’s lawyer Martha Mushipe also buttressed the objection.
But in reply, Ms Mumba argued that providing evidence to show the prejudice that will be occasioned on the republic would be “akin to render our application an academic exercise”.
“The particulars are clear and the accused can ably defend themselves in the absence of the public,” she said.
Kasanda is jointly charged with pilot Patrick Kawanu, State security officer Francis Makai Mateyo, KKIA police commanding officer Robson Moonga and Mahogany Air proprietor Dr Jim Belemu.
All the five are charged with Espionage while Kasanda is additionally charged with fraudulent dealing with metals or minerals on August 13, this year.
(Mwebantu, Tuesday, 21st November, 2023)
What law is this?
November 21, 2023 at 8:14 pm
Why is this robbery an Espionage case?
Compelled by who?
November 21, 2023 at 8:16 pm
Judge Chibbabbuka granted the State’s application because the court was compelled to do so. Please report comprehensively