By Kombe Mataka
DRUG Enforcement Commission (DEC) director general Mary Chirwa says the decision to re-arrest former KCM provisional liquidator Milingo Lungu was a professional one.
And Chirwa says there was witch hunt in the investigation and arrest of suspects involved in corruption and money laundering cases.
Featuring on Hot FM’s Red Hot Breakfast show on Friday, Chirwa however said the Commission was shocked by the publication of a letter written to her by Direct of Public Prosecutions (DPP) Lilian Siyuni asking her to exculpate herself for re-arresting Lungu after a nolle prosequi was entered into on money laundering cases he was facing involving US $4.4 million.
“Now, I think we need to be careful; this is a matter that is before the courts in different aspects. And it’s not a matter that I would really love to dwell on it and discuss it,’’ Chirwa said after she was asked to explain why she chose to re-arrest Lungu. ‘’But all I can say from a DEC point of view is, that was just a professional decision taken on the matter because even for us it was obviously shocking that that letter was in public domain.”
She said there was currently close collaboration between her and DPP’s office on selected matters but that there was no collaboration on the re-arrest of Lungu.
“On most of the cases, yes. There is close collaboration and interaction, and [National Prosecution Authority] NPA. And even the past I know I worked with judge [Chalwe] Mchenga when he was DPP. I worked well with Muntembo Nchito when he was DPP. We used to sit and discuss cases and present the evidence. They would say ‘strengthen there, strengthen there,” she said. “I know that this is happening even within the three months I have been with DEC. I have been able to sit with some prosecutors under NPA to discuss on how to strengthen certain cases. So, that is the trend that is supposed to be encouraged; we call it prosecution-led investigation. So, you sit with them, take them through and they guide you through the process; so that does happen.”
Chirwa said she had a working relationship with the DPP and there were no misunderstandings between the two of them.
“People think it is two women fighting but it is not the case,’’ she said.
Asked if the DPP had powers to grant immunity from prosecution, Chirwa said the court would preside on the matter.
“I think the courts will determine that, to be fair. I think this is a matter that is before the courts of law. I believe they have jurisdiction in that respect; they will determine that,” she said.
Further asked if an ordinary citizen could be given immunity, Chirwa responded: ‘’Again, we have the competent offices that can determine whether you have. Personally, I know that constitutionally it’s only a President that has immunity from prosecution, unless the immunity is lifted. We have had cases where immunity is granted in terms of turning one into a State witness. “
Asked to comment on claims by some sections of society that the fight against corruption was a witch hunt, Chirwa responded in the negative.
“There was no which hunt, you work on cases that have been brought before you. You are competent enough; you are qualified and competent to assess the credibility of the information. If it was a witch hunt we wouldn’t take the cases to NPA. So, sometimes there is no smoke without fire. So, where smoke has reached you, you need to find where the fire is,’’ Chirwa explained further. ‘’So, literally that is what we do; once we have our evidence, we package it in a way that we take it to the prosecutorial authority, so there is no witch hunt in any of our investigations. We literally verify what has been brought to us and for you to produce a docket, remember you must have documental evidence. So, what witch hunt? In witch craft there is nothing like having evidence. So, there is nothing like witch hunt in financial cases.”
Chirwa assured that the DEC would fully regain the confidence of the public.
“It’s a matter of inculcating the right values in the officers. I know that DEC has suffered in terms of reputational damage in that respect but I can tell you that having gone back inside the institution, I can tell you that 90 per cent of those officers are credible officers who know what they are doing,’’ said Chirwa. ‘’So, you could have a few bad eggs. We have so far fired a number of them in the past three months; I think five or so officers damaging the reputation of the [institution]. I think the institution stands for what is right. I am sure in the next one to two years, the Commission will be totally different.”