The State has denied violating the constitutional rights of Brian Mundubile, Makebi Zulu and 16 others accused of treason, arguing that such cases are complex and require extensive investigations and consultations.
In an affidavit filed in the Lusaka High Court, Assistant Superintendent Saviours Hakumbi of the Zambia Police Service Fraud and Cyber Crimes Unit said treason cases often take a long time to conclude because of their complexity.
The State cited previous treason cases involving Edward Jack Shamwana, Christone Tembo and President Hakainde Hichilema, urging the court to take judicial notice of the time taken to conclude such matters.
Hakumbi said the court should consider the seriousness of the charges, the risk of flight, public safety and the length of time the accused had spent in custody when determining whether to grant bail.
Read More: Mundubile, Zulu to spend more time in jail as Zambian govt delays bail hearing
The State also argued that the Director of Public Prosecutions (DPP) should be joined to the proceedings because constitutional bail applications were criminal in nature.
The application is before a three-judge panel comprising Ndola High Court Judge Derrick Mulenga, Justice Davies Chibwili and Justice Ireen Wishimanga.
The matter was adjourned to Wednesday after the State indicated it was not ready to proceed with the hearing.
In their application, the accused argued that their continued detention while investigations remain incomplete violates their constitutional rights.
They are seeking to be released or granted bail subject to conditions.
The 18 accused, including three former commandos and business executive Harry Findlay, are being held at Mukobeko Maximum Security Correctional Facility.
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