Former President Rupiah Banda has rejected that Director of Public Prosecutions (DPP) Mutembo Nchito should continue prosecuting him because he (president Banda) would never receive fair hearing and trial as the DPP was not only conflicted but has exhibited glaring traits of hatred and biasness in the cases.
President Banda said he was strongly objecting to be prosecuted by Mr Nchito because the DPP has remained deeply conflicted in his actions.
President Banda has stated that Mr Nchito who is a business partner to Post Newspaper owner Fred M’membe could not be a judge in his own case and should therefore recuse himself as a matter of public policy.
In his submissions in a matter where the former president had objected that Mr Nchito should be part of the prosecution team for fear of not receiving fair trial, president said that while the courts were independent, Mr Nchito had clearly exhibited anger against the accused over the demise of the Zambian Airways and could not therefore prosecute without biasness.
The former president argued that Mr Nchito’s determination to continue prosecuting him had cast doubts to receive justice because the DPP had breached his own commitment that he would recuse himself from cases where he would have personal interests.
President Banda stated that Mr Nchito was on record having declared that he was not going to prosecute him (president Banda) when he appeared before the parliamentary select committee as a time he was seeking for the job of the DPP.
He argued that it was legally incorrect for Mr Nchito to suggest that he was prosecuting him (president Banda) because the cases were important as they involved the former head state because it was the DPP who was the lead private prosecutor in the corruption cases of late president Frederick Chiluba.
He stated that late president Chiluba and first republican president Kenneth Kaunda were not prosecuted by the DPP but were prosecuted by private prosecutors.
“The DPP is conflicted and cannot ask the question of who would prosecute me for the simple reason that he is on record having acknowledged before the Parliamentary Select Committee that he would recuse himself from dealing with matters involving me (president Banda). It is a matter of public policy and a rule of natural justice that one should not be a judge in their own case. It is for this reason that the DPP should recuse himself. He should declare interest as a matter of public policy and ask the Attorney General to give directions over the matter,” president Banda said.He argued that the connection between Mr M’membe, the Post Newspaper, Zambian Airways and Mr Nchito had created a constitutional impediment to him (Banda) to getting a fair hearing.. The independent umpire must preside over a court which is fair. All the components of the court have a duty to ensure a fair trial. You cannot have an umpire presidmination.President Banda is being represented by Sakwiba Sikota, Professor Patrick Mvunga, Eric Silwamba, Irene Kunda, Makebi Zulu, Lisimba Linyama.
Ruling comes up today.