By LUCY PHIRI
HARRY Findlay’s defence lawyers have asked the court to quash the second count in his case on grounds that the charge is duplicitous and particulars are defective.
The defence team comprising Jonas Zimba, Charles Changano and Milner Katolo argued that the particulars in the second two must be clear and put simply, specific.
Findlay is facing one count of holding more than one passport contrary to section 22(1) read with 22(2) of the Passport Act No. 25 of 2016 of the Laws of Zambia and one count of being found in possession of forged immigration documents contrary to the Laws of Zambia.
Mr Zimba submitted that the charge was defective and cannot pass the litmus test for any plea to be taken by his client.
“The state had applied for the indictment to be amended, the law in so far as crafting of the charge is set out in sections 134 to 137 of the Criminal Procedure Code chapter 88 volume 7 of the Laws of Zambia. Such a charge should be quashed by this court for being unclear and duplicitous,” Mr Zimba said.
Mr Changano also stressed that the High Court gave directions that a charge sheet must be properly framed in accordance with the format so that the accused person may know in advance what the prosecution has set to prove against him. However the court ruled that the accused cannot be prejudiced by the number of stamps.
“The particulars are still clear, however the state has to amend for the sake of consistency,” magistrate Silvia Munyinya ruled.