Friday, March 29, 2024

Mutembo Nchito can prosecute RB, court rules

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Director of Public Prosecutions Mutembo Nchito
Director of Public Prosecutions Mutembo Nchito

THE Lusaka Magistrates Court yesterday refused to allow former President Rupiah Banda to take his case to the High Court because his fears that Director of Public Prosecutions Mutembo Nchito will not prosecute him fairly are mere speculations.

And Henry Kapoko’s corruption case could not take off because the trial magistrate, Sharon Newa, was unable to travel. The case was adjourned to September 26, 2014.

Mr Banda, through his lawyers, had applied that the High Court should determine constitutional issues on whether Mr Nchito should continue prosecuting the case or not.

In his application, Mr Banda stated that he would not be accorded a fair trial if Mr Nchito continues prosecuting the matter. Mr Banda has alleged that Mr Nchito was an interested party.

Making a ruling yesterday in Lusaka, chief resident magistrate Joshua Banda said there were no constitutional issues to allow the case to be referred to the High Court.
“The issues raised by the defence are mere speculations. They can’t be substantiated. There is nothing that has been stated that the DPP is biased.

“So far the case has been fairly handled. Whether DPP appears in person or not, he is still actively involved through his representative because all criminal cases fall under him. Besides it is too late to refer the matter to High Court since we are almost at the end of the case, especially on the prosecution side which is remaining with one witness.

Therefore, the application is refused and case should proceed,” he said.

The matter was adjourned to October 3, 2014 for mention and November 3 to 7, 2014 for continued trial.

It is alleged that between May 1, 2008 and September 24, 2011, Mr Banda, being a person employed in the public service, as President of the Republic of Zambia, did abuse the authority of his office.

Mr Banda is charged with one count of abuse of authority of office for allegedly procuring a US$2.5 million Nigerian government-to-government oil contract in the name of the Republic of Zambia between the Zambian government and SARB, a Nigerian oil company.

21 COMMENTS

    • Conforted to note Mutembo will not leave long in that position to continue prosecuting the case. He is among those to be FIRED.

    • You cannot fire DPP. Nchito is the best DPP. Criminals are scared of him like cockroaches are scared of light. Only the judge is required to be impartial to make sure that trial is fair. The defence is also there to make sure that the prosecution do not abuse their authority. After the accused and the magistrate are both BANDA. Ayopa chani RB?

    • SO, WHAT HAS MUTEMBO BEEN DOING WHOLE THIS TIME WITHOUT SUCCESSFULLY PROSECUTING AND JAILING THE THIEF IN RB? REALLY, DO WE HAVE INTELLIGENT LAW MEN AND WOMEN IN ZAMBIA? LEVY AS A LAW MAN FAILED TO JAIL CHILUBA, UNTIL THEY BOTH DIED. IT SEEMS THE OTHER CURRENT THIEVES WILL GET AWAY WITH MURDER. IN BOTH CHILUBA AND RB CASES WE DID NOT/DON’T EVEN NEED A QUALIFIED PROSECUTOR TO SUCCESSFULLY PROSECUTE AND JAIL THEM. EVERYTHING WERE/IS IN BLACK AND WHITE FOR EVEN A BLIND MAN TO SEE.

  1. We are not surprised by the behaviour of this unpatriotic partially-trained Magistrate who has opted to burry his head in deep Kalahari sands. We know that Kabimba used his position to infiltrate, pollute and indoctrinate a greater number of weaklings in the Judicial officers who administer the Magistrate Courts and High & Supreme Courts in this country. We still have relics of the established nasty Kabimba- Mmembe-Nchito cobwebs and fossils alive in presiding over the dispensing of injustices in our Courts of Law.

    We pray to our Almighty God that natural Justice shall soon be restored in this country. God Hear Our Prayer.

  2. Good, we want Mutembo to be defeated in the courts as lead prosecutor. I want Judge to read out the verdict “Not guilty” with Mutembo inside the court. Imagine the look on Mutembo’s face as he walks down the stairs of the courts after the verdict. That will be the final nail in cartel’s coffin

  3. I also fail to understand why rupiah would want no hi to replaced with another prosecutor when m chit has done such a bad job.

  4. Is it speculation the Mtembo is a business partner to Mmembe who has been contemptuously labelling RB corrupt. This magistrate is clearly an eejit.

  5. Sure, cant you see that Nchito is a friend to M’membe or Mumembe? Is the magistrate so blind that he cant use his eyes? Let us be fair in whatever we do.

    There is God who sees and know everything, you stand to be judged someday. The same measure you use the same measure shall be used against you

  6. I never expected such rulling from the learned magistrate and I’m equally disapointed.
    However, it is good to remember that judges don’t make their decisions on their preconcieved opinions and knowledge of facts outside the case records, but on evidence addiduced in court. Joshua could not act on what he see going around between Mutembo, Membe and Kabimba including their business deals, It was the duty of Banda’s Lawyers to show how these can deprive or has deprived their client of the right to fair trial.
    May be Banda’s counsels failed in their duties…. to bad for the old man.

  7. Do not miss understand me i am not saying RB is clean here but why let pipo who are criminals,crooked,manipulative and dishonest prosecut him.Just pay back the 14 billion and let clean pipo be in that our office.

  8. What does this magistrate know about ‘constitutional’ matters? It is up to the High Court to determine on constitutional issues not her at the lower level. Right to a fair trial is a constitutional matter and did she even look at the evidence? How could a an ‘unlearned’ judge argue ‘it is too late for you… to argue that you may not have the right to the fair trial’ as a reason for dismissing a case? What is time got to do with one’s constitutional rights? And listen to what she is saying: ‘The case has been handled fairly so far‘… how does she know this?

    She is clearly out of her element and either she doesn’t understand what she is talking about or she has been highly compromised. She thinks people will accuse her of favouring a ‘Banda’.

    • You clearly do not know what you are talking about. You can’t even tell the gender of the Magistrate for starters! And next time don’t use such an annoying font to post messages.

    • @ Chekov, maybe you could have actually intellectually debunked what I’m talking about… not picking on the fact I got the gender wrong or the ‘annoyance’ of my font. If you have been around long enough you would have realised I use this bold font (so next time you can easily skip my comment to avoid going nuts).

      Still stand by what I have written above and thanks for correcting the gender… just replace ‘she‘ with ‘he‘…. no apologies on the font.

  9. I think what is causing RB’s problems is that he has started campaigning for President again. When MMD lost, the members were desperate for encouragement and inspiration but RB quickly ‘retired’ from active politics and left the party at the mercy of Kabimba to decimate it until Nevers came to the rescue and found all the key senior members hiding.

    Mutati had the ‘video’ issue and Musokotwane had the truck load of bicycle issue.

    Let RB lie low and stop taking cadres to court and addressing the press after every court session.. He is asking for trouble

  10. THIEVES ARE LIKE MURDERERS. THEY LOVE TO USE WORDS LIKE FAIR JUSTICE, IMPARTIALITY, LOVE, KIND AND SO ON WHEN THEY ARE FACING THE LAWS. WHEN THEY ARE STEALING FROM OTHERS OR MURDERING PEOPLE, THESE WORDS ARE VERY REMOTE. RB WANTS FAIRNESS AFTER STEALING FROM US. HE SHOULD HAVE THOUGHT OF FAIRNESS BEFORE HE IMPLEMENTED THE PLAN TO STEAL FROM ZAMBIANS. WHAT ABOUT THE UN FAIRNESS TO ZAMBIANS IF THE LAW IS ABORTED?

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