
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.