PLOTTING to bring down the Annel Silungwe Tribunal which is probing suspended Director of Public Prosecutions Mutembo Nchito or hoping to end criminal proceedings elsewhere is futile and those involved must cease or face public exposure, former deputy minister of Finance, Newton N’guni ,has said.
And Mr N’guni has charged that the statement by Mr Brebner Changala concerning one of the charges Mr Nchito is facing will have no bearing on the matter before the tribunal and in court.
Mr N’guni said people were in jail today because of some individuals who emerged for the sole purpose of hijacking the countries criminal justice system to their benefits.
“Everything that has been done from Thursday last week (16/4/2015) to undermine the tribunal by compromising witnesses or key persons in proving the cases against Mutembo is well known. Lusaka is a very small place and most roads are public,” he said.
Mr N’guni said the fact was that Mr Changala was arrested, detained and charged with drug trafficking. “Later he was discharged after Mutembo Nchito entered a nolle prosequi in favour of Mr Changala. This was after it was proved that the Report by the Public Analyst that Mr Changala and his sister had ecstasy tablets was false. The drugs found on him and his sister was vermox for de-worming,” he said.
Mr Ng’uni said that was the reason why Mr Changala was pursuing the issue of compensation with Dug Enforcement Commission (DEC). “Two facts emerged from this episode, namely that, (i) somebody, in collaboration with the public analyst swapped vermox tablets with ecstasy tablets, which is a criminal offence and used that Report to incriminate Mr Changala,” he said. Mr N’guni said in short drugs were planted on him and that at an appropriate time the matter would be proved. He said the tribunal therefore was beyond Mr Changala, adding that it was in the realm of the people.
“And secondly, with the concurrence of the Ministry of Health, Ministry of Home Affairs, and DEC, it was proved that Mr Changala never had prohibited drugs and was wrongly arrested and charged,”
“However, Mr Nchito entered a nolle prosequi instead of offering no evidence so that Mr Changala could be acquitted. This amounts to abuse of office and sheer incompetence,” he said.
Mr N’guni said Mr Nchito knew that Mr Changala committed no offence and there were no further investigations by the police, DEC or any other authority but instead of offering no evidence so that Mr Changala could be acquitted by entering nolle prosequi.
“As stated this is incompetence and abuse of office. Therefore Mr Changala’s statement will have no impact on the matters before the tribunal and those that may come in a court of law.
“This is a matter in which Article 139(10) will come into play so that the courts can inquiry into whether or not Mutembo exercised his powers as DPP judiciously and in furtherance of justice in the nation,” he said.