THE Lusaka Magistrate’s Court has allowed Lusaka businessman Harry Findlay to access his passport to enable him access medical attention abroad but warned him to take back the travel document when he returns back to Zambia.
But the release of the passport through an order by Lusaka senior resident magistrate Sylvia Munyinya is temporary.
Magistrate Munyinya yesterday granted an application by Mr Findlay’s lawyers who applied that it be released ro the enable their client access medical treatment abroad.
Findlay is facing two counts of holding more than one passport and being in possession of endorsements of forged immigration stamps.
Allegations are that on October 3, 2022, in Lusaka, the accused acquired a Zambian passport number ZP021382, purporting to have lost a Zambian passport number ZP013259, when in fact not.
It is further alleged that on the same date, Findlay was found in possession of endorsements of forged immigration stamps for Mwami immigration border control in his passport number ZP032178.
He allegedly purported that the stamp was officially endorsed when in fact not.
During trial, Findlay’s lawyers applied that his passport be released to enable him travel abroad to seek medical care for his severe heart condition.
When the case resumed, magistrate Munyinya said that Findlay produced the required documents enabling him to seek medical treatment abroad.
“There is need to strike a reasonable balance between the two competing interests of the health concerns of the accused and the preservation of the passport which forms part of the prosecution’s evidence.
“I order that the passport, which is in the custody of the clerk of court, be released to the accused upon photocopying it and certifying the copy.
“Further, upon return, the accused is obligated to surrender the said passport to the clerk of court,” magistrate Okoh said.
