State seeks to block video evidence in Mundubile bail case, as they return to court

The Lusaka High Court will on Friday rule on the State’s bid to have five paragraphs and a video recording expunged from an affidavit filed by Brian Mundubile, Makebi Zulu and 16 others in their constitutional bail application.

The Director of Public Prosecutions (DPP) and his legal team asked the court to strike out the disputed portions of the Affidavit in Reply, together with a flash disk containing a video recording, arguing that they introduced new matters beyond the scope of a reply.

The State told the court that the inclusion of the new material had denied it an opportunity to respond, while also questioning the authenticity, origin and integrity of the video recording.

Citing Section 9 of the Electronic Communications and Transactions Act and the case of OTK Limited v Amanita Zambia Limited and Others, the State argued that electronic evidence must be properly authenticated before it can be admitted.

Counsel representing the petitioners opposed the application, arguing that the disputed paragraphs directly addressed allegations raised by the State, including claims that Mundubile and Zulu posed a flight risk.

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They further submitted that concerns surrounding the authenticity of the video recording related to its evidential weight rather than its admissibility.

Zulu, who represented himself as the second applicant, separately argued that the Affidavit in Reply had been properly sworn before a Commissioner for Oaths and duly filed before the court.

He contended that the evidential foundation demanded by the State was applicable to oral testimony during trial and not affidavit proceedings.

He also argued that a flash disk qualified as a document under the Evidence Act.

A panel of three judges, comprising Derrick Mulenga, Davies Chibwili and Ireen Wishimanga, clarified that the proceedings involved a constitutional matter with criminal implications.

The court adjourned the matter to November 13 at 11:00 hours for a ruling on the State’s objection and hearing of the constitutional bail application.

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