DPP Accuses RB Of Trying To Abuse The Court Process

Director of Public Prosecutions Mutembo Nchito has asked the Lusaka magistrate’s court to dismiss Rupiah Banda’s application that the Nigerian oil deal corruption case be referred to the High Court for determination of the constitutionality on whether he can continue to prosecute it or not.

In the State’s response to Banda’s application on Tuesday through one of his lawyers, Professor Patrick Mvunga, that the matter be referred to the High Court citing constitutional matters, the Director of Public Prosecutions, said the claimed constitutional issues the former president raised were vexatious and frivolous.

Nchito submitted that it was too late for the defence to have thought of raising preliminary issues at the stage the case had reached, with nine State witnesses having testified and only a last witness on stand.

He said it was illogical and an abuse of the court process for Banda to bring out constitutional issues.

Nchito added that it was also an attempt by the defence to unnecessarily delay the proceedings of the matter by alleging that issues had arisen that hinged on the Constitution that were for so long in the accused person’s knowledge.

“This court should not entertain the manoeuvres by the defence to delay these proceedings which so far have proceeded smoothly with the court exercising utmost impartiality and good judgment on whatever issues have been raised by either party,” he said.

Nchito said there was nothing that had suddenly happened to warrant Banda to suspect him (Nchito) to have become partial in the proceedings but that instead, personal attacks had been made on his character as DPP.

He said Banda speculates that he hated him and his family to the extent that he was bent on prosecuting only them.

Nchito further submitted that, that was the very definition of malice and vexation within the meaning placed in Article 28 (2) (a) of the Constitution.

“It is our prayer in that regard that the affidavit be struck out in its totality for want of adherence to the minimum legal standards,” said Nchito.

Prof Mvunga had also submitted that the notice to raise preliminary issues for constitutional reference was made pursuant to Article 28(2) of the Constitution of Zambia.

The defence raised issues of conflict between the rights of the accused to a fair trial as guaranteed under the Bill of Rights in Article 18(1) and (2) of the Constitution on one side and the powers of the DPP to prosecute this matter in line with the provisions of Article 56 on the other.

Chief resident magistrate Joshua Banda is expected to deliver ruling on August 21 on whether the matter can be referred to the High Court for determination of constitutional matters.

Posted by Kunda on August 15, 2014. Filed under POLITICS. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry