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TREASON-accused persons have asked the Lusaka Magistrate’s Court to order a preliminary inquiry into the delay by the State to prosecute them saying the court should release them as they are allegedly illegally detained.
This is a matter in which Clement Sinyinda and 53 others are charged with treason, contrary to the Laws of Zambia.
When the matter came up for mention before principal resident magistrate Obbister Musukwa yesterday, State advocate Gertrude Sanduka said the State is not ready to prosecute the matter because Director of Public Prosecutions (DPP) Mutembo Nchito has not issued the consent as he is handling a policy issue on the matter.
Ms Sanduka said the DPP observed a policy issue which he has referred to the Attorney General.
“It is in this view that we are unable to proceed. The State may wish to inform the court that we have been informed that the DPP could not issue consent on this matter,” she said.
Sinyinda said through his lawyer Charles Lisita that there has been no positive action regarding the prosecution of the matter.
Major Lisita said the accused persons were arrested on the basis that the State was ready for the case and that there should be nothing holding back the State from prosecuting the case.
He said the State should release the accused to avoid keeping them in detention without trial.
Mr Lisita said policy issues should have been looked at before the accused persons were taken to court, saying an accused person cannot be kept detained over an administrative issue.
