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The family of businessman Harry Findlay has asked the Lusaka High Court to grant leave for habeas corpus proceedings to compel authorities to produce him before court and explain the circumstances surrounding his alleged detention.
The application was filed on Wednesday by Pierre A.B. Findlay, Harry’s nephew, against the Attorney General, the Inspector General of Police, the officer in charge of Ibex Hill Police Station and any person or persons having custody, control or charge of Harry Findlay.
Pierre is seeking leave to commence proceedings for a writ of habeas corpus ad subjiciendum during the Michaelmas vacation, arguing that the matter concerns Harry’s liberty and requires urgent judicial intervention.
Read more: Family raises the alarm over whereabouts of Findlay after police arrest, alleges harassment
According to the application, Harry was initially detained at Ibex Hill Police Station before he was allegedly transferred from the station, after which his whereabouts became unknown.
The applicant alleged that Harry’s liberty was currently being restrained by police officers or persons acting under their authority at an undisclosed location.
He contended that the continued detention is unlawful and is not supported by any valid and subsisting legal authority.
Pierre is asking the court to direct the respondents, particularly the person or authority having custody or control of Harry, to attend court, produce him and show cause why he should continue to be detained.
The application stated that the circumstances surrounding the alleged detention required immediate judicial scrutiny to determine whether the deprivation of Harry’s liberty is lawful.
Pierre has further asked the court to hear the matter urgently before a vacation judge, arguing that any delay until the resumption of ordinary court sittings could result in Harry being deprived of his liberty for a prolonged period.
He maintained that the application had been made bona fide and is not intended to delay proceedings or abuse the court process.
The application is made pursuant to Order 2 Rule 4 of the High Court Rules and seeks to invoke habeas corpus proceedings under the applicable rules of the Supreme Court of England as applied in Zambia.
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