Magistrate Keegan Litiya Dismisses Miles Sampa’s Case Following DPP’s Instructions To Discontinue The Case

MAGISTRATE KEEGAN LITIYA DISMISSES MILES SAMPA’S CASE FOLLOWING DPP’S INSTRUCTIONS TO DISCONTINUE THE CASE

…as private prosecutors contend that the DPP must have revealed his relationship with Miles Sampa and recuse himself…

Lusaka-12th December 2023

Magistrate Keegan Litiya has dismissed the matter in which private prosecutors began a process to prosecute Miles Sampa and Morgan Ngona for fraud and impersonation charges.

Magistrate Litiya stated that following a letter from the Director of Public Prosecutions, Gilbert Phiri and the application by the private prosecutors, he could not proceed with the case

“No law allows me to review my own ruling in a criminal matter” ruled Magistrate Litiya.

The private prosecutors have since applied to the Magistrate Court for leave to allow constitutional reference to the Constitutional Court.

The private prosecutors disclosed that information had emerged that the DPP, Gilbert Phiri, is a personal friend and lawyer of the a accused person, Miles Sampa as revealed in parliamentary proceedings of 15th December 2023.

The lawyers stated that the DPP’s decision to refuse consent without declaring interest, conflict or recusal would undermine the prosecution of the accused.

The lawyers also stated that the DPP wrote a letter in a criminal matter involving private prosecution, as this process was alien to rules of Zambia’s court proceedings.

The lawyers also refered to a case and ruling of Judge Chalwe Muchenga of 2015.
in 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 revieweed and stopped by the high court on account of conflict.

Lusaka Magistrate Litiya has reserved the ruling to 13;30 on Wednesday, 13th December 2023.