FORMER Republican president, Rupiah Banda has submitted that the Director of Public Prosecution (DPP), Mutembo Nchito should recuse himself from prosecuting him alleging that he has a grudge against him.
This is in a case in which Banda had pleaded not guilty to two counts of corrupt practices and concealing gratification of motor vehicles received from a Chinese Company valued at US$180,000.
In his submission in reply to Mr Nchito’s application to reject Banda’s move to raise preliminary issues as it might delay the proceedings, Banda insisted that he was not comfortable with the DPP handling his case due to the alleged grudge against him.
Banda also submitted that it was a matter of public policy and a rule of natural justice that one should not be a prosecutor and judge hence the reason for the DPP to recuse himself claiming that the grudge against him emanated from issues surrounding the defunct Zambian Airways.
Banda said the proper thing to do in such a case would be for the DPP to declare interest and as a matter of public policy ask the Attorney General to give directions over the matter.
“That the circumstances of this matter fell within the ambit of “any other cause” and the DPP should have stepped aside whilst someone was appointed to deal with this matter as stated by Article 57 of the Constitution reads,” Mr Banda said.
Banda said the DPP did not point out which particular rules were infringed and which paragraphs infringed any such rules if he recused himself from handling the matter at hand and as such should not be relied upon.
“We therefore submit that having failed to apply for any particular paragraphs of the affidavit to be expunged, the affidavit in its entirety must stand in the absence of any contrary evidence on record,” he said.
Banda said this was a clear infringement of the right to fair hearing and the right to be afforded adequate time and facilitated for preparation under Article 18(1) and 18 (2) (c) of the Constitution of Zambia.
Times of Zambia