THE State wants the infamous gold scam court case to be heard in camera (in private), but defence lawyer representing the accused persons have strongly rejected the application.
Yesterday, businessman Sedrick Kasanda and four others have pleaded not guilty to Espionage with the State applying that the criminal case be heard in camera.
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.
Kasanda and others were on August 14, 2023 arrested by the Drug Enforcement Commission (DEC) in connection with a foiled gold scam deal involving US$5.7 million at Kenneth Kaunda International Airport (KKIA).
The KKIA operation led to the seizure of 602 pieces of what was initially suspected to be gold weighing 127.2kilogrammes and US$5million cash, five pistols, 126 rounds of ammunition and seven magazines and equipment used to measure gold.
The suspects initially appeared before a magistrate before being committed to the High Court for trial.
When the case came up yesterday before Judges Charles Zulu, Ruth Chibbabbuka and Situmbeko Chocho, Chief State advocate Nkumbiza Mumba informed the court that the Director of Public Prosecutions had issued consent to prosecute the matter.
The court was then informed that the correct first name for Kasanda is not Shadrick but Sederick.
This was after Judge Chibbabbuka asked for clarity on the name.
The accused are charged with two counts.
In the first, all five are charged with Espionage, contrary the section 3(d) of the State Security Act Chapter 111 of the Laws of Zambia.
On August 13, this year, Kasanda and the four others, while acting with others and without lawful excuse, dis acts which are likely to interfere with the necessary service of the KKIA for purposes which are prejudicial to the safety or interest of the republic of Zambia.
In the second count, Kasanda is charged alone with the offence of fraudulent dealing with metals or minerals where it is alleged that on the same day, the miner, while acting with others unknown, disposed of minerals with intent to defraud Michael Adel Michel Botros.
They all pleaded guilty before Ms Mumba then applied that the case be heard in camera, quoting section 15 of the State Security Act Chapter 111.
She said the proceedings should be held in camera on grounds that some of the evidence that will be given in this matter.
Ms Mumba said if the said evidence is given in view of the public, the same may be prejudicial to the interest of the republic.
But defence lawyers fervently objected to the application and argued that the matter is already in public domain.
Defence lawyer Abraham Mwansa, State Counsel, argued that “This particular 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.
And another 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 court has not been given an opportunity to assess a statement that will necessitate exclusion of the public. The law relating criminal matters is that they must be held in public and only for good cause can they be held in camera,” Mr Zulu said.
“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.
Defence lawyer Martha Mushipe also vemently objected to the application and contended that the State ambushed the defence.
“Criminal proceedings are never heard in camera although section 15 does allow such an application but it has a condition precedent. Allowing the proceeds to be in camera would be a great injustice to the accused. We humbly that the application be dismissed with the contempt it deserves,” Ms Mushipe argued.
However, 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 court set Monday as date for ruling on the camera hearing application.
(Mwebantu, Thursday, 16th November, 2023)
