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The Lusaka High Court has dismissed business executive Harry Valden Findlay’s application for habeas corpus, ruling that the State had reasonable and lawful grounds to keep him in custody on suspicion of terrorism offences.
Findlay, who has been detained since Aug. 4, 2026, remains at Mwembeshi Correctional Facility following his arrest on suspicion of engaging in acts of terrorism.
High Court Judge Kelvin Limbani, however, directed the State to ensure that Findlay was taken before a competent court for trial, saying an accused person cannot be kept in custody indefinitely without trial or an appropriate remedy.
Findlay was initially detained at Ibex Hill Police Station after his arrest and was transferred five days later to Westwood Police Station, where he was warned and cautioned before being jointly charged with others with Prohibition of Terrorism, contrary to Section 4 of the Anti-Terrorism and Non-Proliferation Act.
Read more: State opposes bail for businessman Findlay in terrorism case
He was subsequently transferred to Mwembeshi Correctional Facility, where he has remained awaiting prosecution.
His lawyers argued that the State had failed to comply with Order 54 Rule 7(1) of the Rules of the Supreme Court, which requires the return to a habeas corpus writ to set out the reasons for a person’s detention.
They argued that the omission was fatal to the State’s case.
Justice Limbani, however, held that the court could consider evidence contained in the State’s affidavit explaining the basis for Findlay’s detention.
The judge relied on the Supreme Court’s decision in Andries v Attorney General, which established that failure to comply with the requirement does not necessarily invalidate habeas corpus proceedings and may instead be treated as an irregularity capable of being cured.
Justice Limbani considered an affidavit by Detective Inspector Eric Ihindachinapu, which outlined Findlay’s arrest, charge and continued detention.
The State also told the court that the matter had been referred to the National Prosecution Authority and that a decision on prosecution was awaited.
The judge found that Findlay’s whereabouts were known and that the State had provided sufficient reasons for his detention.
“It is the considered finding that the Respondents have sufficiently demonstrated that the Detainee is being held on reasonable and lawful grounds on suspicion of having committed an offence which is non-bailable,” Justice Limbani ruled.
The court nevertheless cautioned that lawful detention pending trial does not permit an accused person to remain in custody indefinitely.
Justice Limbani consequently ordered the State to ensure that Findlay was taken before a competent court for trial, while dismissing his habeas corpus application.
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