The Director of Public Prosecutions (DPP) has with immediate effect withdrawn Lusaka lawyer Robert Simeza as a co-prosecutor in the murder case involving Inktech managing director Mohan Matthews and others.
In his letter to Mr Simeza dated July 20 this year, Mr Chalwe Mchenga indicated that his action to immediately withdraw him had been necessitated to protect the integrity of the trial process.
This is in a case in which Matthews and Crown Paints proprietors Idris Suleiman Patel and Shabbir Patel have been charged with the alleged murder of Cyclone Hardware managing director Sajid Itowala on July 21, 2009.
“ This letter serves to advise that I have with immediate effect withdrawn the authority for you to co-prosecute the case of ‘The People Vs Mohan Matthews and others, my action has been necessitated to protect the integrity of the trial process.
“ And the inconvenience that the very short notice may cause you and your clients is deeply regretted,” said the DPP.
And the respondent’s family representative and uncle of the deceased, Mr Mohamed Suleman Itowala had filed an appeal against the DPP’s decision to withdraw Mr Simeza as a co-prosecutor in the matter.
In his affidavit, Mr Itowala alleged that he had authority to depose his support of Mr Simeza as co –prosecutor and that as family, they were comfortable with the way he had been prosecuting the case and felt that justice was going on well.
Mr Itowala said as the family they had been grandly taken aback and distressed by the turn of events that the person who had primary conduct of the prosecution would no longer be able to direct the prosecution at this advanced stage of the case.
“ That I and the family are desirous to see Mr Simeza continue to play a role in this matter as he is well versed with the facts of the case as he has spent time interviewing witnesses including those who may not be called to testify, he will be of great service in easing the mind of the deceased’s family and of great value to the court,” he said.
Mr Itowala indicated that allowing Mr Simeza to continue a role in the prosecution of this case would go along way towards ensuring that justice was not only done but also manifestly seen to be done.
That this case was the first of its kind in Zambia and had generated enormous public interest especially in the Muslim community and as such there should not be any lingering doubt as to the manner the prosecution would have been conducted.
But Mr Mchenga in his response said his withdraw of Mr Simeza from the case was not as a result of any misconduct on his part but followed his assessment that it was not in the broad interest of justice for this case to continue to be prosecuted by a private legal practitioner.
“ This being the case I will not reverse my decision to withdraw Mr Simeza from the case, neither will I allow any other private legal practitioner to join in the prosecution,” Mr Mchenga said.
He said it was his obligation to act as he did knowing well that his decision might not be well received by interested parties like him and his family and apologised for his action and the inconvenience.
The matter has been set for August 9, for continued trial.
[ Times of Zambia ]
This DDP will never say anything that anyone can understand. who has bewitched this man? What illness is too strong that it has consumed this man’s reasoning and humanity? How much money has the MMD given this man to sell his soul for silver and trade his intergrity for vanity? Doesnt he have family to worry snce he has put them in disrepute? Doesent he fear that next year we shall charge him for crimes against humanity? Kunda, please talk to your friend becouse next year you will not be in power and your health may fail you to defend him in court. Free advise! Sad that Zambia has no DPP
PDD is at it again!
The man without any powers. Shame on you JUDAS ESCARIOT!, you sold your soul to the devil
Is there anything wrong with the action the DPP has taken?
#4, Yes, there is an evil moltivate behind. Thats why has he withdrawn the representation of this powerful lawyer. He was going to secure a conviction of this murderer. But this DPP wants the criminal to go scott free becouse he has been given a bribe. (No doubt).
#4 Red Card Free At Last
I always hope when i see such imature comments that i am dealing with a child or a person of very low education.Ps assist me by telling me your age and level of education
6 Marlon – do you not respect people of very low education??
Who has the inside scoop on the Mohan case? I suppose the pressure to be wealthy got to him. ” seek ye first the kingdom of god and his righteousness ………..” “For what does it benefit a man to gain the whole world and lose his soul…..”
Its amazing how in life we run around in circles looking for answers and yet the answers are right before us in the most famous book in the world.
:)
Well, if the family of the accused are happy with a prosecutor, the DPP did the right thing. Accused persons can be indifferent or dislike the prosecution, liking the prosecution smells like something is amiss.
Wisi boyi – its the family of the murdered victim who are happy with the prosecution, not the defendents family.
Let me start by saying that Mohan is presumed innocent ( by law) until proven guilty. But that being said, he will have a hard time changing public perception.
In Zambia there is pressure for non blacks to be “rich” ( because the belief in zambia is that they are all rich), Mohan fell victim to this pressure and unfortunately things are catching up with him.
The good book says “….for what does it profit a man to gain the whole world and lose his soul…seek first the kingdom of God and his righteousness….”
It would be very unfortunate if we could not trust government prosecutors and rely entirely on private ones. Lets hope the justice prevails.
What credibility does this so called DPP have when he has the audacity when he came out of Judge G. Phiri’s Chambers, he gathered the defence lawyers and started discussing their ‘new strategy’ and one of the defence lawyers was heard saying “YOU HAVE GOT THE POWERS, USE IT !”
Is it in the broad interests of justice as he claims or in the broad interests of COMPROMISE! This chap is ready to put his head on the chopping board for a few pieces of silver!
Justice would not have been done by just convicting those who murdered Mr. Itowala. It is the first time such a thing happened in this country. We should equally be interested in knowing what triggered a chain of such dreadful events leading to the demise of Mr. Itowala. MHSRIP.
You are all missing the point. The problem is not just the DPP. Its the judges especially Lusaka judge in charge Phillip Musonda. That man is corrupt. He recieves money from Indians to sit on these cases. He uses a lawyer called Nicholas Chanda, another thief who makes aliving thtogh conning indians. He is the one who gets money from Indians to share with Phillip Musonda. Nicholas always wins cases that are handled by this criminal judge. But one day, the truth will come out. Asd for Nicholas, he will die a dangerous cruel death
#13 Bonnela, the entire legal/judicial system is rotten. Judges use their court marshals to receive bribes and lawyers themselves are in the forefront of the bribery/corruption that has engulfed the system. Ralph Farai Chalwe Mchenga is in the middle of a whirlwind of corruption. The mafia is seriously at work in Zambia. People should start asking about what an organisation called GMR is and who is involved in it.
Chalwe Nchenga will become another Chungu very soon!!! These people never learn!
2 months down th eline we get to understand why the DPP made this decision. Goes to tell how Immature some people’s critisim of the DPP’s decision was.
all u who made silly accusations shame on u. isnt it embarrasing now that we know why the dpp made that intelligent decision
all you are the ones sick in the head. dpp knows his thing……..viva dpp. hope u all burn in hell for talkin without thinking. u dont even know the law…hahahahah dum dums
interesting how quick people are when it comes to judge public bodies…teaches us that we should talk less than we know and not talk more than we know…Zambians pantu mukonkluda!!!
shame Simeza shame…viva DPP!!
Simeza!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I hope you get forgiveness from God!!!!!!!!!!!!
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