The State has opposed an application for constitutional bail by presidential candidate Brian Mundubile, his running mate Makebi Zulu and 16 others, arguing that they pose a flight risk and could interfere with prosecution witnesses due to their political influence. In an…

The State has opposed an application for constitutional bail by presidential candidate Brian Mundubile, his running mate Makebi Zulu and 16 others, arguing that they pose a flight risk and could interfere with prosecution witnesses due to their political influence.

In an affidavit filed in the Lusaka High Court, the Director of Public Prosecutions argues that the applicants should remain in detention because of the seriousness of the charges, the possibility of life imprisonment upon conviction and the complexity of ongoing investigations.

The State alleges that Mundubile and Zulu previously evaded arrest by seeking refuge at the United Nations House, forcing authorities to make special arrangements to secure their release into police custody.

Senior Superintendent of Police Donald Mulimba, who is in charge of Crime One at the Criminal Investigations Department, swore the affidavit in opposition to the application.

Mr Mulimba argues that the investigations involve extensive examination of digital forensic evidence and financial records, including inquiries that may extend beyond Zambia’s borders.

He further states that the continued detention of the 18 accused persons, who face charges of treason and prohibition of terrorism, is necessary in the interests of public safety and national security.

The State maintains that the gravity of the alleged offences and the possibility of life imprisonment upon conviction justify keeping the applicants in detention.

On the question of delay, the State argues that the applicants have not demonstrated that the period spent in detention amounts to unreasonable or inordinate delay warranting constitutional bail.

It has cited the Supreme Court case of Shamwana and Others v The People, arguing that a period of seven months was considered reasonable when assessing delays in criminal proceedings.

The State has also relied on the Canadian Supreme Court decision in R v Morin (1992), which considered factors such as the length of delay, reasons for the delay, institutional resource constraints and prejudice suffered by an accused person in determining whether a trial had been unreasonably delayed.

Related coverage from breakingnewszambia.com

• State Opposes MUNDUBILE’s Constitutional Bail Application
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• State gets more time to oppose constitutional bail for Mundubile, Makebi Zulu and co-accused