Court summons Nchito

EMBATLED Director of Public Prosecutions (DPP) Mutembo Nchito is tomorrow expected to appear before a Lusaka magistrate on an assortment of charges after Magistrate Lameck Mwale yesterday issued summons ordering him to personally present himself before the court.

Mr Nchito, in one of the charges, has now been jointly cited with his brother Nchima Nchito and Post Newspaper owner Fred M’membe.

It is alleged that the trio in 2011 while acting together did show disrespect in speech and manner and committed acts of contempt in judicial proceedings and to Judge Nigel Mutuna before which such proceedings were being heard.

Mr Nchito, who has been at large since his arrest on Thursday last week following his dramatic escape from lawful custody, has been battling to avoid appearing before the courts and on Monday, Lusaka High Court judge Mwila Chitabo reprieved him when he declared the Chongwe magistrates court proceedings null and void.

Mr Nchito is facing nine charges among them forging of court documents, obtaining a bank loan by fraudulent misrepresentation and false swearing by lying to the Parliamentary Select Committee.

Yesterday, the Post Newspaper published a story in which they claimed that Magistrate Mwale refused to play a “Pontius Pilate role” and saved Mr Nchito from abuse but the magistrate yesterday issued summons ordering the DPP to appear before his court tomorrow.

The Post Newspaper also alleged that State House instructed Chongwe Magistrate Moses Phiri to sign an arrest warrant against Mr Nchito which should have condemned the DPP to a night in cells but he escaped and had been in hiding since.

But according to the summons signed by Magistrate Lameck Mwale, Mr Nchito is alleged to have committed the offence of abuse of authority of office, in the first count, in which it is alleged that in March 2012, he did abuse the authority of office by entering a nolle prosequi in a matter involving Shobert Sinkala without seeing the evidence from the complainant Lewis Chisanga Mosho.

The act was arbitrary and prejudicial to the rights and interests of Mr Mosho and the Government of the Republic of Zambia.

In the second count, Mr Nchito has been accused of procuring execution of documents by false pretences in which it has been alleged that Mr Nchito in January 2011 by false representation did procure an order of the court which was before the Supreme Court judge Gregory Phiri and caused the judge to erroneously sign the court order.

Mr Nchito in the third account has been accused of uttering a false document in which he is believed to have fraudulently uttered a court order procured by false and fraudulent representation.

The DPP is also facing the charge of contracting a debt when he was the chief executive officer of the defunct Zambian Airways when he knew and believed that the company’s ability to pay back the loan was under serious doubt.

In the fifth and sixth count, Mr Nchito has been charged with contempt of court in which he (Nchito) along with Fred M’membe and Nchima Nchito disrespected, in speech, manner and committed intentional disrespect to judicial proceedings and to then High Court Judge Nigel Mutuna when the trio stormed out of the court when the proceedings were going on. In the eighth count, the DPP is charged with abuse of authority of office when allegedly he entered a nolle prosequi in a matter involving The People versus Brebner Changala  and Agness Kawandami  in which it has been alleged that Mr Nchito  connived with and instigated officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr Changala and Ms Kawandami.

He has also been charged with conspiracy to defeat justice when he allegedly conspired with DEC officers to accuse Mr Changala and Ms Kawandami of trafficking in drugs, an offence the duo did not commit.

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