DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito says his business relationship with Post Newspapers’ editor Fred M’membe cannot have a bearing on court issues and how he prosecutes former President Rupiah Banda.
Mr Nchito says he cannot recuse himself from prosecuting Banda and that the matter should not be sent to the High Court based on grounds that he will be biased against Banda as he is a business partner with Mr M’membe.
This is in a case in which Banda is charged with two counts of corrupt activities and concealing gratification of motor vehicles contrary to the laws of Zambia.
Mr Nchito said this on Wednesday in reply to Banda’s lawyers who wanted him to recuse himself and the matter to be sent to the High Court for determination of constitutional issues.
The matter is before principal resident magistrate Obbister Musukwa.
“It is understandable for the accused to feel angry, disappointed and emotional.
“The defence has filed various documents in this court, which are not even before this honourable court.
“My colleagues are now arguing that I will be biased because of my friendship with Mr M’membe, with due respect what influence does he have to determine the outcome of the court?” Mr Nchito said.
Defence lawyers led by Patrick Mvunga said Mr Nchito should stop handling this matter because Banda feels intimidated due to the existing business relationship between Mr Nchito and Mr M’membe who has allegedly labelled him guilty through editorial comments.
But Mr Nchito said there is nothing wrong for him to take an interest in a matter of importance and public interest, adding that it is his constitutional right to prosecute cases of public interest.
He said his business with Mr M’membe cannot affect his judgment and focus because the matter is an important case involving a former head of state and that the court is ready to provide guidance.
In reply, another defence lawyer Makebi Zulu said the application to transfer the matter to the High Court is neither vexatious nor frivolous but a serious constitutional issue.
The matter comes up May 30 for ruling.
Meanwhile, chief resident magistrate Joshua Banda has allowed the submission as part of the State’s evidence 12 photocopied documents in the matter in which Banda is charged with one count of abuse of authority of office relating to an oil deal valued at US$2.5 million.
Mr Banda said the documents Banda is disputing are relevant to the case and cannot be said to be foreign as the witness made efforts to locate the original documents.
The matter comes today for continued hearing.
Pay back the money you owe! trying to divert from the recent going ons. Practice what you preach.
The justice system has failed us and it’s becoming increasingly clear that Nchito & Mmembe will never repay our DBZ money, so we will deal with them as common citizens. We know where they stay, the schools their children attend and their movements and you can now just watch the space…
Think straight, Nameless.
If you have a grudge against or hatred for some accused person and you happen to be the prosecutor of the case in a competent and independent court, how can your attitude towards the accused possibly affect the judge’s ruling? The most that can be said is that you will reasonably be highly motivated to find evidence and facts to lay before the court which will make conviction inescapable. Which is not a bad thing!
How can Nchito an interested party prosecute Banda? That trial wouldn’t be fair. Real criminals sitting in the driving seat, I wonder where Zambia is heading to?
@1.2 Mungoma
You are not following what is happening here.Banda is being prosecuted by Nchito.Banda has been granted leave to have Nchito’s friend Mmembe prosecuted for contempt of court.Nchito has now taken over the prosecution of Mmembe for contempt of court.The question is :Should Nchito be allowed to prosecute his friend Mmembe for contempt of court?Even a primary schoolchild can tell that such a prosecution would not appear fair.But our DPP blinded by his 15 minutes of fame wants to personally handle the matter even when he has an army of prosecutors working as his juniors in his office.
Only the Judge is required to be impartial. Why is this mmambala afraid. If you are innocent, it does not matter who the prosecutor is, there is the defense and the judge to help you prove your innocence
@ Action Man
And from where you have learned such idiocy? Please, first learn basic legal principles and then make comment. Nchito and Mmembe are friends. You do not see anything wrong in Nchito prosecuting his friend? Either your brain has stoped functioning or you are 5tupid. Which one?
The president is on record saying he does not support crooks. The editor and his tow friends are on their own. Soon Nchito will understand this.
You are biased, full stop! You and M’membe have so much hatred for RB that you won’t allow anyone to handle this case. You want him to go to jail at all cost. Bring back the K 14Bn you owe us. Stup!d failed lawyer, you messed up FTJ’s cases and failed to have him caged. Now you want to try your luck on RB?
Join yourself to Sata’s case as well against Sakala Bwana DPP Fat desk Lawyer as then late proper DPP you hounded out of office called you
Director Of Personal Persecutions (DPP) is a specialist in Nolle Presque
Isn’t there any other person that can prosecute a former Head of State? Why can’t the state hire services of another eminent lawyer so that trust in not breached? I am of the view that Mr Nchito recuse himself and appoints another lawyer to prosecute the case. In the same vain all must expect public officers to be above board and not to be intimidated especially that our courts, judges will ensure justice prevails for all not afew.
He is prosecuting, not defending the man, for goodness’ sake! His supposed attitude towards RB does not matter, does it? Won’t the judge be looking at facts and evidence of the case?
The issue of trust does not arise at all!
@ Mungoma
Nchito and Mmembe are friends. You do not see anything wrong in Nchito prosecuting his friend? Either your brain has stoped functioning or you are 5tupid. Which one?
#Mungoma, It may be useful to explain to you why a prosecutor who is bent on convicting a person out of hatred is not fit to handle a prosecution. Courts are intended to discharge justice by bringing out the truth of a case. The truth of what happened may be revealed by the accused himself or herself but in some cases it is the prosecution in their investigations that may come across a fact that exonerates an accused. If the prosecution is biased it will conceal the exonerating evidence and go ahead and convict an innocent person, thereby defeating the goal of justice. If the prosecution is fair, they will reveal the exonerating evidence and discharge the accused. This is the reason why prosecutors need to be seen to be fair, unconflicted and neutral. I hope the point is understood.
IT COULD MAKE SENSE IF THE JUDGE WAS ASKED TO BUT MTEMBO IS FREE TO PROCSECUTE PERIOD UBUKOPO FWEBENA ZAMBIA.RB SHOULD NOT BE AFRAID UNLESS HE IS WORRIED
I think zwd shed more light on this one. LT is too economical with the truth and too late with its reporting.
The Zambian DPP who is a liar and is consumed by hatred for RB , Mr Mutembo the Cheater.
It is shameful example of current state of affairs in the Ministry of Justice when DPP conveniently forgets one of cardinal principles of “Natural Justice”, i.e. “nemo judex in causa sua”.
The question of “bias” or “perceived bias” is not restricted to judicial officers but is also aplicable to public bodies, tribunals and the executive carrying out their prerogative powers.
Therefore, it will be in the interest of the Hon. Minister of Justice to step in at earliest opportunity in order to prevent Mr. Nchito personal motives bring judicial process of the Republic in to the ridicule.
Thanks, 142, for the little Latin there, but you have misapplied the principle because Mr. Mutembo is NOT the judge to decide the case; he is simply a prosecutor. The judge is there to decide the case.
Mungoma @7.1
142 has properly indicated that these principles also apply to judicial officers.
142
Our fat desk lawyer is too excited to realise that he is in effect commiting the offence of abuse of authrity of office.That offence is not restricted to cases where there is percuniary gain.
Thanks Mailon.
As to Mungoma contribution, please take English lessons to prevent be deemed ignorant of the official language of the Republic. Furthermore, that “little Latin” has been CORNERSTONE of the legal principles for more that 2,000 years. After all, it is not little but HUGE, bigger than anything else. Read any holy book and you may be able to understand why, how and because.
Mutembo the komboni dugudee, Mr fat Albert please recuse yourself, yuo have too much hate for R B. Like Zambia is yours alone. Bana imbwa imwe
What do you expect from a judicial system where nchito is the dpp and chibesakunda as chief justice? Malabishi yekayeka
This is turning into a banana Republic. The cartel is bent to destroy all the gains made in the last few years. Peace and integrity will return to Zambia when the cartel is thrown into oblivion.
This really is shocking to say the least… a private citizen who has sued another private citizen is saying I don’t want this lawyer (albeit a public lawyer) to prosecute on my behalf, but that lawyer is insisting on prosecuting on behalf of that citizen just on grounds that he is empowered to take over any case. Remarkable!
And it doesn’t end there.. the public lawyer is prosecuting the same private citizen but he also wants to prosecute someone (in this case a friend) on behalf of the same private citizen. Not sure you are even following but that’s remarkable in terms of conflict of interest this case is.
Simply put, DPP Mutembo wants to send RB to jail… but the same DPP wants to send his friend M’membe to jail on behalf of RB. Where does he stop?
This really is shocking to say the least… a private citizen who has sued another private citizen is saying I don’t want this lawyer (albeit a public lawyer) to prosecute on my behalf, but that lawyer is insisting on prosecuting on behalf of that citizen just on grounds that he is empowered to take over any case. Remarkable!
And it doesn’t end there.. the public lawyer is prosecuting the same private citizen but he also wants to prosecute someone (in this case a friend) on behalf of the same private citizen. Not sure you are even following but that’s how remarkable in terms of conflict of interest this case is.
Simply put, DPP Mutemb0 wants to send RB to j@il… but the same DPP wants to send his friend M’membe to j@il on behalf of RB. Where does he stop?
I didn’t know Prof Patrick Mvunga was still doing his trade in a court of law… that one giant and accomplished lawyer right there… much respect.
Nellie Mutti, Mwangala Zaloumis, Daniel Lisulo, Sakwiba Sikota, Sachika Sitwala, Mainza Chona, Patrick Mvunga… man these were/are real accomplished lawyers from the 90’s. Late FTJ did everything to send KK and even Fred M’membe himself to Chimbokaila but these men and women saved them.
I didn’t know Prof Patrick Mvunga was still doing his trade in a court of law… that one giant and accomplished lawyer right there… much respect.
YOU GUYS (LEGAL CHAPS) HOW DO YOU MANAGE TO FAIL TO PROSECUTE AND CONVICT THIEVES LIKE RB AND CHILUBA? YOU ARE REALLY F00LS. ONE DOES NOT NEED TO GO TO A LEGAL SCHOOL TO CONVICT THIEVES IN THE NAMES OF TITUS CHILUBA AND RB.
You should ask that question to Hon. Minister of Justice. After all, he is opposing registration of judgement against Chiluba in the High Court and he is also BOSS of AG and DPP and therefore right person to enlighten us.
Ali mukwete! Awe mwandi, kaya.
zambia does not have a justice system anymore, but apart from that how about nchito and meembe paying back the money they owe, who is handling that case,
I suppose, by definition, a prosecutor is biased towards the position of the state. He assumes that the defendant is guilty. Otherwise he would not commence proceedings against a defendant. It would be irregular if the judge were the one who had a business relationship with Mmembe. In this matter, Nchito should not have any more undue influence on the judge than any other prosecutor would have. That said, it is the job of Banda’s lawyers to look after their client. Therefore, they will bring up anything that delays and frustrates the case. As for Nchito’s case with DBZ, he will have his day in court one day!
The problem is not the inability or possible biased or conflict of interest but that shud Mutembo take over the Case he can enter Nolle Prosqui. He is a Specialist as far as Im concerned
Probably one of the things a well meaning future government should address is this Nolle Prosequi thing. The judge should set the defendant free and disallow the state from mounting another prosecution. The case should be dismissed without prejudice.
Walasa muntu wandi Mukame. The DPP is not the judge. Its up to the defense team to defend their client and not be anxious about the interest of the DPP.