Some officers from the Joint Government Investigations Team has told the Zambian Watchdog that the Director of Public Prosecutions Mutembo Nchito has been very unfair to prosecute former President Rupiah Banda in the case of receiving motor vehicles because the main witness in the case is the one who is supposed to be the accused.
The officers say Kelvin Sampa who is the prosecution main witness in the case in which Rupiah Banda is accused to have corruptly received motor vehicles was the one who was supposed to be arrested.
“It is very unfair for the DPP to give consent to prosecute RB on the case because if you look at basics of investigations reports, it is Kelvin Sampa who went to the Chinese to say RB wants campaign vehicles.There is completely nothing to prove that Rupiah Banda instructed Kelvin” the source said.
The source further said even the drivers who drove the vehicles from were the Chinese bought them from were arranged by Kelvin noting that none of them came from State House.
It is like the young man Sampa used to go round companies using the name of RB.To tell you the truth we have several of such complaints at our offices involving Kelvin but we can not proceed because he is being protected by some people in the current government” the source said.
The source said Kelvin was the one who was supposed to be charged with obtaining money by false pretenses and taking pecuniary advantage and Rupiah Banda is supposed to be the witness against Kelvin Sampa.
To make matters worse, the source said Kelvin Sampa went back to pick up the vehicles when PF came into power meaning that the vehicles were under Kelvins’s custody.
Meanwhile the court case in the same reported matter failed to take off at the Lusaka Magistrate today because the State has applied for an adjournment to study submissions made by the defense on preliminary issues.
Magistrate Musukwa had set today 16 September 2013 as date for ruling on preliminary issues raised by the defense who filed their submissions on September 10, 2013.
The matter has since been adjourned to October, 7 2013 for ruling on preliminary issues.
Rupiah Banda was represented in Chambers by Sakwiba Sikota, Professor Patrick Mvunga, Stephen Lungu, Lubinda Linyama, Makebi Zulu and Ireen Kunda.
The state was represented by prosecutors from the DPP chambers and the Anti-Corruption Commission.