The State has raised preliminary issues again asking the Lusaka High Court to expunge video evidence showing a raid at opposition lawyer Makebi Zulu’s residence during the hearing of a constitutional bail application by opposition presidential candidate Brian Mundubile, Mr. Zulu and 16 others.
Defence lawyer Sakwiba Sikota says Director of Public Prosecutions Gilbert Phiri raised the issue as a preliminary matter, seeking to have certain paragraphs in the applicants’ affidavit in reply, relating to the video footage contained on a flash disk, struck out.
The development has further delayed arguments on the substantive bail application, which was scheduled to begin at 09:00 hours, after the Attorney General first requested a delay, citing another court matter.
This comes a day after the court dismissed the State’s earlier objection challenging the procedure used to commence the application, ruling that no law or court rule prevents an aggrieved person from seeking constitutional bail through the procedure adopted by the applicants.
The 18 applicants, who have been in custody since August 14, 2026, over alleged treason, sedition and terrorism-related offences, are seeking either unconditional release or bail under reasonable conditions.
They have sued Attorney General Mulilo Kabesha and Director of Public Prosecutions Gilbert Phiri, arguing that their continued detention violates their constitutional rights.
