COURT MAINTAINS COMPLAINT AGAINST MILES SAMPA IS A NON-STARTER
Lusaka magistrate Keegan Litiya has maintained that he is constrained to refer Raphael Nakacinda’s questions to the High Court seeking determination on whether he will be afforded fair trial in a case that is non existent.
Nakacinda who has continued in his futile attempts horse to have PF president Miles Sampa and his Secretary General Morgan Ng’ona prosecuted for forgery, attempts at committing an offense and perjury wanted the High Court to ascertain whether Sampa’s relationship with the DPP would have an impact on the case.
Nakacinda’s lawyer Jonas Zimba who was engaged to privately prosecute the case was dissatisfied with the Court’s refusal to review its decision to dismiss the complaint.
Magistrate Litiya said no law allows a court to review its decision in a criminal matter.
However, Zimba pushed that the case be referred to the High Court so that it could pronounce itself on whether Nakacinda would be afforded a fair trial after the Director of Public Prosecutions refused to authorize prosecution on claims that he is acquainted with Sampa.
“The question being a constitutional question is brought pursuant to Article 28(2) of the constitution,”he said
“The DPP wrote a letter declining to grant consent in a matter involving private prosecution we contended that the procedure is alien and not known at law. We have brought it to your attention that Miles Confirms that the DPP is his personal friend.”
He said the question raised whether the conduct of the DPP would guarantee a fair trial is neither frivolous nor vexatious.
Ruling on the application magistrate Litiya said; “I do not have authority to pronounce myself on it again I still stand on my earlier decision the matter still stands dismissed and the only recourse is by way of appeal.”
Kalemba