Africa-Press – Zambia. Patriotic Front Secretary General, Raphael Nakacinda has taken a complaint to the Judicial Complaints Commission (JCC) against Mr. Gilbert Phiri. The complaint relates to the unethical conduct and incompetence displayed by the Director of Public Prosecutions to discontinue a matter to prosecute against Miles Sampa.
The DPP discontinued a criminal case on allegations that there were civil proceedings in the Lusaka High Court. But criminal proceedings take precedence over civil matters.
Further civil precedings can run parallel with criminal proceedings. The DPP also did not declare interest that he was a previous lawyer to Miles Sampa.
The complaint was received by the JCC on 27th December 2023 JUDICIAL COMPLAINTS COMMISSION (JCC) P.O. BOX 50781 LUSAKA Email:[email protected] Dear Sir;
RE; COMPLAINT OF UNETHICAL CONDUCT AND INCOMPETENCE BY THE DIRECTOR OF PUBLIC PROSECUTIONS MR. GILBERT ANFORD PHIRI .SC The above subject matter refers.
Several complaints as regards the herein named Mr Miles Bwalya Sampa had been made to the police including a complaint relating to malicious damage to property.
It was then decided that since the police were not acting on any of the compliant, a private prosecution be instituted and indeed on or about the 27th October, 2023 a private complaint was filed into the magistrates Court.
On or about the 5th December 2023, the Director of Public Prosecutions wrote to Messrs Makebi Advocates to announce that he would not grant consent to prosecute Matero Member of Parliament, Mr. Miles Sampa, as the matters in the criminal Compliant were subject of civil proceedings and as such this would be an abuse of the Courts.
Further credible information has emerged that Mr. Gilbert Andford Phiri. SC was one of the lawyers for Mr. Miles Sampa and a personal friend. This can be confirmed from the footage relating to the debate by the said Miles Bwalya Sampa on the 15th December, 2022 during the session of parliament that dealt with ratification of the appointment of the Director of Public Prosecutions.
It was our considered view that the DPP has misconducted himself and demonstrated utter incompetence in so far as performance of his duties is concerned.
On the matter of discontinuing the case on the premise that there are civil proceedings, it must be noted that it is established that both criminal proceedings can run parallel and infact criminal matters take precedence.
You will note that Mr. Clayson Hamasaka has instituted a defamation case in the civil courts against Ms Saboi Imboela and at the same time there is a criminal complaint running against her before Hon. Munyinya in the criminal Courts being the subordinate Court.
Further, it was imperative that since the DPP was conflicted as he didn’t declare his interest and relationship with Mr. Miles Sampa, Mr. Phiri should have declared interest in the matter.
It is therefore my position that the Director of Public prosecution has misconducted himself and an inquiry must be had into this matter. We hope that the matter can be heard and determined
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