“This honourable court should not be persuaded by the clandestine manoeuvres and machinations of the learned DPP whose effect is to suppress the truth and perpetuate the mischief of mistruth thereby perverting the course of justice,” lawyer Keith Mweemba told Magistrate Mwaka Mikalile on Thursday.
Mweemba made the remark when he made submissions before Magistrate Mwaka Mikalile on whether Director of Public Prosecutions Mutembo Nchito should be allowed to prosecute Fred Mmembe.
This is in a matter in which former President Rupiah Banda has taken Mmembe to court on several counts of contempt of court.
DPP Mutembo Nchito had on May 8,2014 applied that he takes over the prosecution of Fred Mmembe.
Rupiah Banda has however argued that Nchito cannot prosecute Mmembe because they are business allies. Banda instead has opted for private prosecution.
When the matter came up before Magistrate Mikalile today, Lawyers representing the former President asked that the matter be referred to the High Court for determination of constitution matters because Banda can not receive a fair trial.
Lawyer Makebi Zulu who started the onslaught said just as an accused was entitled to a fair trial, so complainant was also entitled to a fair trial under Article 18 (1) of the constitution. He said the DPP can not prosecute Mmembe on behalf of Banda because the DPP was prosecuting Banda in two other cases before Magistrate Joshua Banda and Obster Musukwa.
Lawyer Gilbert Phiri said it was very clear that the DPP had conflicted himself because he was a potential witness in the contempt of court case because the matters being complained of by Rupiah Banda are personal are prosecuted by the DPP himself.
He said there was no way the DPP can make pretence of prosecuting not only his business partner but his very close friend.
Magistrate Mikalile set June 27, 2014 as the date of ruling on whether the matter should be referred to the High Court for determination on whether Nchito can prosecute Mmembe on behalf of Rupiah Banda.