By Daily Revelation Reporter
The Lusaka Magistrate’s Court has dismissed a matter where Lusaka lawyers Makebi and Jonas Zimba wanted to privately prosecute Miles Sampa and Morgan Ngo’na for alleged impersonation and fraud offences.
And the private prosecutors disclosed that information had emerged that, Director of Public Prosecutions (DPP) Gilbert Phiri, is a personal friend and lawyer of the accused person, Miles Sampa.
Lusaka magistrate Keegan Litiya said following a letter from Phiri where he denied permission to conduct a private prosecution, he could not proceed with the case.
In a letter addressed to Makebi Zulu Advocates, Phiri stated that the consent to prosecute this matter could not be granted because of the current civil proceedings in the High Court bearing on the same subject matter.
He stated that his office ever so mindful of the need to maintain the integrity of the judicial system and the need to prevent and avoid abuse of the legal process.
And as private prosecutors contended that the DPP must have revealed his relationship with Miles Sampa and recused himself.
They have since applied for leave to allow for a Constitutional reference to the Constitutional Court.
The lawyers submitted that the DPP’s decision to refuse consent without declaring interest, conflict or recusal would undermine the prosecution of the accused.
They also submitted that the DPP wrote a letter in a criminal matter involving private prosecution, arguing that this process was alien to the rules of Zambia’s court proceedings.
The lawyers also referred to a case and ruling of Judge Chalwe Muchenga of 2015.
The Case of the People vs. Fred M’membe and Wynter Kabimba.
In this case, the DPP was a personal friend of the two accused persons and the decision to prosecute them was reviewed and stopped by the High Court on account of conflict.
Magistrate Litiya has reserved the ruling to today.
