The military court sitting in a mobile room in the case between Salomon Kalonda, special advisor to Moise Katumbi, and the public prosecutor, announced at the hearing on December 11 that it will deliver its ruling on the sine die postponement of the trial on December 15 next. This decision follows the defense’s request to allow the accused to seek treatment.
During the hearing, Salomon Kalonda was absent, his lawyers having presented a medical note justifying his absence as well as a recommendation from the attending physician. Based on these documents, the defense requested a postponement of the trial.
The public prosecutor, for its part, considered that if the defense wanted their client transferred abroad for treatment, they should submit a request for provisional release. However, the Military Court has so far refused all requests for provisional release presented by the defense.
The prosecution also argued that the Court should reject this referral, as Salomon Kalonda’s lawyers have already described the Court as “incompetent” to judge their client. Therefore, according to the public prosecutor, it would be contradictory for the lawyers to return to the same Court to request a referral.
Salomon Kalonda was arrested on May 30, 2023 at N’djili international airport as he prepared to leave Kinshasa with Moise Katumbi after an opposition demonstration on May 20.
The charges brought by military justice against Moise Katumbi’s special advisor include providing means to a foreign power to undertake hostilities or acts of aggression against the Republic, as well as the disclosure of information that could harm fundamental interests of the nation.
This case therefore gives rise to lively discussions as to the competence of the Military Court to judge Salomon Kalonda and also raises questions as to the possibility of obtaining provisional release to allow him to receive treatment abroad.
The decision of the Military Court, which will be rendered on December 15, will therefore be decisive for the continuation of this complex and controversial case. In the meantime, Salomon Kalonda’s lawyers will have to decide on the best strategy to adopt to defend their client and assert his rights.