“THE decision by the Director of Public Prosecution Mutembo Nchito to sue my lawyers and myself for defamation is welcome”, Newton Ng’uni has said.
Mr. Ng’uni explained that it was not shocking to see Mr. Nchito make fast moves of suing him and his lawyers and demanding K6 million in damages.
He said Mr. Nchito was shopping around for a forum to free himself from the charges and it was not shocking to see the rate at which the DPP was moving to cleanse himself.
“Apatebeta Lesa Tapafuka Chushi. Mr Mutembo Nchito accused me of shopping around for a forum to bring charges against him. But since then, it is Mr Mutembo Nchito who is shopping around for a forum to free himself from the charges,” Mr. Nguni posted on his facebook page.
Mr Nchito has threatened to sue Mr Ng’uni and his lawyers if they fail to honour his K6 million demand for alleged malicious prosecution and defamation.
He explained that Mr. Nchito went to the High Court seeking the quashing of all charges against him, adding that he managed to get all ex-parte order without the other part being present in court to be heard.
Mr. Ng’uni said in his (Nchito) desperation to free himself he went back to the High Court to seek the stay of proceedings against him and failed only to go back to the Magistrate court, where he took over his own prosecution and entered a nolle in his favour.
“He went to the High Court to seek quashing charges against him. He got three orders all of them ex-parte (without the other party being present in court to be heard)! Though he succeeded temporarily, the matter was restored. (ii) He went to the Magistrate to seek an acquittal. Again ex-parte. He failed. (iii) He went back to the High Court to seek a stay of proceedings against him. Again ex-parte and he failed. (iv) He came to the Magistrate court, took over his own prosecution and entered a nolle in his favour. He succeeded. But he knows that the ruling of the Magistrate may not hold for long,” said Mr. Ng’uni.
He said High Court Judge Chalwe Mchenga had already followed the standard which has been established in the Commonwealth on the exercise of the takeover function and entering a nolle by the DPP.
“The powers and functions of the DPP in Zambia are exactly the same as those enjoyed by other DPPs in the Commonwealth,” said Mr. Nguni.
He said it was surprisingly that before his appeal case against the ruling of the Magistrates was heard by the High Court, Mr. Nchito had commenced defamation proceedings against him and his lawyers.
Mr. Ng’uni said he did not regret having been dragged to court for defamation, adding that it was another opportunity to prove how the DPP abused his office.