CONSTITUTIONAL LAWYER INSISTS DPP’S DECISION TO DISCONTINUE TAYALI CASE MUST BE DONE IN OPEN COURT
By Nelson Zulu
Constitutional lawyer Tresford Chali has insisted that the decision by Director of Public Prosecutions-DPP- Gilbert Phiri to discontinue criminal matters against Economic and Equity Party leader Chilufya Tayali cannot be done secretly or outside the court process.
Mr. Chali says while the DPP has the legal authority to discontinue criminal matters, such powers must be exercised in open court and not from the DPP’s office.
He says whether the DPP invokes section 81 or section 88 of the criminal procedure code, or relies on section 201 to withdraw the matter, the process must be conducted before the court with the accused person present.
Mr. Chali has challenged the DPP to disclose when Mr. Tayali was taken before court following his return to Zambia and when the application to discontinue the matters was made, saying criminal proceedings must be conducted through a formal court process.
He has further questioned whether Mr. Tayali was arrested and presented before court in compliance with a bench warrant issued against him, insisting that any decision to discontinue the matters must be transparent and properly recorded before the court.
PHOENIX NEWS