FOUR foreigners in the gold scam case have submitted in the Lusaka High Court that investigative wings warned and captioned them for allegedly giving false information to a public servant but from the time they were detained almost 10 days ago, they have not been formally charged.
The four, who were engaged as crew pilots for the seized private jet, have also complained that they have also not been taken to court, deeming the situation as an infringement on their rights.
They said this in an application before the Lusaka High Court in which they have applied for habeas corpus to that the court case assess the legality of their continued detention.
The four are Ali Abdulla Ali Al-Safi, a Saint Kitts and Nevis national resident in Egypt, Noha Salaheldin Aly Nadim, an Egyptian, David De La Cruz Castilla, a Spaniard national and Teunis De Mooij, a Spaniard.
According to court documents, the quartet is scheduled to appear before the Lusaka High Court for hearing of their application for habeas corpus after a Judge granted them an ex-parte application ordering the police to immediately take them to court for hearing of their application.
Through their lawyers, the four foreigners, have submitted in the High Court that they were engaged as a crew pilots in-flight service attendants by Flying Group Middle East FZCO, the operations and management company that runs the Bambardier Global XRS, serial No SN9159 and registration No. T7-WSS.
They say that on August 14, 2023, DEC officers and other investigators detained them at the Kenneth Kaunda International Airport (KKIA) on suspicion of, among others, money laundering.
They contend that their detention was on unfounded grounds.
Upon hearing of their detention at the KKIA, Flying Group Middle East FZCO engaged lawyers, Lungu Simwanza and Company and Andrew Musukwa and Company, to represent them.
They submit that on August 14 and 15, despite their numerous protests, the four were denied access to their lawyers and vice versa.
They complain that they were not provided access to basics like food and water at Chelstone police station where they are currently detained.
The four state that they were only allowed access to their lawyers last week Wednesday after being transported to the National Command Center, in Lusaka’s Sikanze Police Camp where they were held from 09:00hours to 23:00hours before being warned and cautioned for allegedly giving false information to a public servant.
They submit that the offence they were cautioned for is purportedly contrary to section 106(a) of the Penal Code Chapter 87 of the Laws of Zambia but argue that the section is non-existent as it has been repealed.
The four submit that investigators informed them that they cannot be released on bond until further notice because investigations are yet to be concluded.
Mr Al-Safi and others have accused the police at Chelstone of abusing their powers by declining to grant them bond considering that they have neither been changed nor taken to court from the time they were detained.
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