State discontinues the 8 Croatian nationals’s case and orders them to leave Zambia within 48 Hours

6 February 2023

The State has discontinued a case in which eight Croatian nationals were charged with attempted child trafficking on the Zambian territory after they allegedly adopted four juveniles from the Democratic Republic of Congo (DRC) last December.

Meanwhile, Zambian authorities have ordered the eight discharged Croatians to leave the country within 48 hours.

State advocate Mahape Libakeni, who made the application on Monday morning, stated that the matter was discontinued pursuant to section 88(a) of the Criminal Procedure Code chapter 87 of the laws of Zambia.

“This matter was coming up for continued trial, however the people are discontinuing it,” he said in the Ndola Magistrates Court.

In response, lawyers from the Legal Aid Board representing the eight Croatian nationals did not object to the application from the state.

Ndola Chief Resident Magistrate Dominic Makalicha in delivering his ruling on the application granted the application with an emphasis that a discharge was not an acquittal.

“I have heard what has been said, I have received the instructions, the matter is therefore discontinued. However, a reminder is that this is not an acquittal but a discharge,” Magistrate Makalicha said.

In this case, it was alleged that on December 7, last year, Damir Magic, an electrical technician and Nadic Magic, a chemical teacher, jointly and while acting together, attempted to traffic a child namely Beatrice Magic.

It was further heard that this was within the territorial boundaries of Zambia for the purpose of exploitation.

In count two, another couple namely, Subosic Zoran, a musician and Immovic Subosic, a Constitutional Court administrator, on the same date attempted to traffic a child namely Mariella Kalinde Immovic Subosic within the territorial boundaries of Zambia for the purpose of exploitation.

Further, Ladislav Persic, a veterinary doctor and Aleksandra Persic, a dog beauty stylist on December 7, this year allegedly attempted to traffic a child namely Jona Asnate within the territorial boundaries of Zambia for the purpose of exploitation.

It was also alleged that Noah Kraljevic, a human rights activist and Ivona Kraljevic, a proxy woman at that country’s national theater, were also alleged to have attempted to traffic a child namely Jean Val Kraljevic within the territorial boundaries of Zambia for the purpose of exploitation.

The Croatian nationals were on 23rd January, 2023 released on bail pending trial.

On 12th January, 2023, Magistrate Makalicha granted bail to eight (8) Croatian nationals charged with the offence of attempted trafficking in four children of Congolese origin on the Zambian territory.

On the first day of trial, Magistrate Makalicha granted bail of K20, 000 each to the eight suspects with two Ndola based traceable sureties.

Earlier on 23rd January, 2023 continued trial failed to take off as Magistrate Makalicha was not available.

Monday, 23rd January 2023, was supposed to be the second day of trial and more witnesses were scheduled to testify before Magistrate Makalicha.

Trial in this case started on January 12 in the Ndola Magistrate’s Court with three witnesses testifying during a three-hour long court session.

On 10th January, 2023, the eight suspects pleaded not guilty to the offence of attempted trafficking in four children of Congolese origin on the Zambian territory.

The Immigration Department early in December, 2022 in collaboration with police in Ndola stopped an alleged illegal adoption involving four Congolese children who were destined for Croatia.

The authorities stopped the four couples from leaving Zambia at the Simon Mwansa Kapwepwe International Airport on 7th December, 2022.

The four children in question are being kept by the social welfare department at a facility in Ndola.

The youngest of the four juveniles is only 15 months old.

It is not yet clear what will happen to the children in question who are being kept by the Social Welfare Department at an unknown location.

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