By Staff Reporter
State Counsel Wynter Kabimba says it is not in the DPP’s hands to stop the investigation of Milingo Lungu, saying she must simply resign to avoid the stress, as it is even difficult to tell the impartiality of the people she would appear before if the matter were to escalate.
Speaking with Daily Revelation on the letter Director of Public Prosecutions Shawa Siyuni wrote to the Drug Enforcement Commission (DPP) director general that the commission’s decision to re-arrest Lungu was ultra vines the constitution which solely gives the DPP’s office the power to give instructions on prosecution of matters, Kabimba, the Economic Fighters (EC) leader, said if Lungu was re-arrested on additional fresh charges and not those that fell under the nolle then the arrest is legal.
DEC said Milingo was re-arrested on the same charges plus another charge of allegedly being in possession of a house in Lusaka’s Sunningdale area reasonably suspected to be proceeds of crime.
“The only issue here to clarify is that the power to investigate and to arrest does not lie in the DPP, I think that is important to make clear. The power to investigate and effect an arrest lies in the investigating agencies. The power to prosecute lies in the DPP. So what The DPP should have done is to remain patient until that docket lands on her desk, and she would have formed her own professional opinion and made a decision,” Kabimba said. “It was unnecessary to trigger this debate which has become public between the DEC and the office of the DPP. That was unnecessary because after all, the docket would have still landed on her desk. So she was going to make a decision that these charges are covered by the nolle and I can’t proceed to prosecute. That constitutional power lies in the DPP.”
Asked if what the DPP had done amounted to professional misconduct, Kabimba responded: “Who says that every error of judgement in your job amounts to professional misconduct? Professional misconduct is intentionally trying to circumvent the course of justice. That’s what professional misconduct is.”
But put to him that what he had just said was what the people were alleging against the DPP, Kabimba said: “Of course this thing has become a matter of opinion now, whether the DPP writing a letter like that to DEC is circumventing the criminal justice system or not. That’s a matter of opinion and it’s very difficult to debate opinions.”
But asked if the matter should be taken to a tribunal or even the Judicial Complaints Commission as some are suggesting, Kabimba said this country had a problem where every institution had been turned into a partisan institution.
“So to think objectively is very difficult. I mean look at the Judicial Complaints Commission (JCC), who have been appointed their by the President. (JCC Chairperson) Vincent Malambo is a very close friend of the President. Chad Muleza is a partner in the law firm with the minister of Home Affairs (Jack Mwiimbu) Look at the composition. Even this ratification thing at parliament is just a sham,” said Kabimba. “I can’t even answer that question because I am dismayed myself by the whole of this where you appoint your best friend to be in charge of an institution like that which is supposed to pass judgement on the fate of others . Where does the objectivity lie? Where does impartiality lie? So to be honest with you if I where in the DPP’s position I would resign my position.
“I would not allow myself to be subjected to all this nonsense. I will say to myself let me go and starve, okay? Because it’s very difficult to tell where justice lies. That is where the problem of all this lies. But I am not the DPP, but if me, the character, the way I am I would have left. I would have said get your bloody office let me go and have peace with my family.”
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