MUTEMBO Nchito was yesterday linked to the drugs that were planted on civil activist Brebner Changala.
In stunning evidence Newton Nguni testified that Mr Nchito and a public health analyst swapped drugs which were presented to the office of the public health laboratory in a bid to implicate Mr. Changala, a fervent critic of the cartel.
Instead of the deworming medicine, vermox, found at Mr. Changala’s house, Mr Nchito and a public health analyst from the Drug Enforcement Commission (DEC) allegedly replaced the drug with ecstasy, a prohibited drug.
He was sure that Mr Nchito and the public health analyst met somewhere and agreed to fix Mr Changala by implicating him in drug trafficking and that a false report was subsequently delivered to Mr Nchito’s office by the public health analyst.
The truth, he said, finally emerged that in fact the drugs had been switched and that only vermox used for deworming were found.
At this stage, he said, the only viable alternative was for Mutembo Nchito who is the suspended Director of Public Prosecutions (DPP) to enter a nolle because the charge of illicit drug dealing could not be sustained in court.
This is in the matter in which former president Rupiah Banda sued Mr Kabimba, Mr M’membe and his newspaper for defamation and contempt for commenting and publishing articles on the matter before the court.
Mr Ngúni said Mr Nchito entered a nolle prosequi to protect his friend at DEC with whom he had connived to plant the drugs on Mr Changala.
It was clear, he said, that Mr Nchito was abusing his position by entering nolles instead of providing evidence.
Mr Ngúni testified that Mr Nchito’s activities were becoming unbecoming of a person holding such an office and that it was clear that such activities were criminal in nature.
Mr Ng’uni testified that he made an objective assessment and that he started investigating Mr Nchito’s activities as early as 2013 and raised a complaint against him.
He said it was criminal for the suspended DPP to alter court documents and that his arrest was in public interest.
He revealed that DEC officer who collected harmless deworming tablets switched them with ecstasy to implicate Brebner who had been a thorn in the existence of the cartel.
The evidence was adduced after Rainbow Party president Wynter Kabimba and Post Newspaper owner Fred M’membe lost their bid to continue delaying the case in which the duo have been sued for contempt by former president Rupiah Banda.
The duo wanted their case referred to the High Court for constitutional reference, but Magistrate Kenneth Mulife found the application frivolous and vexatious not warranting High court reference and therefore ordered that trial should proceed.
Mr Kabimba is being represented by Eddie Mwita while Mr M’membe by Nchima Nchito and Chisuwo Hamwela.
The magistrate said the grounds upon which Mr Kabimba’s and Mr M’membe’s lawyers advanced to apply for an adjournment were not necessary, and their vexatious and frivolous.
Magistrate Mulife ruled that there was nothing to refer to the High Court and ordered that the trial in the matter should continue.
He said the denial by the court to grant an adjournment amounted to infringement of rights of the accused persons and the court had duty to their rights.
Magistrate Mulife adjourned the matter to June 25 and 30, 2015 for continued trial.