Maravi

Administration of criminal justice the Mchenga way

Administration of criminal justice the Mchenga way
By Editor
Tue 22 June 2010, 04:00 CAT

As we have stated before, in every society throughout history, those who administer the criminal justice system hold power with the potential for abuse.
But no honest, fair and just society can tolerate such abuses.

Every state must have the power to maintain law and order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be explicit, and not arbitrary or subject to political manipulation by those in power.

Looking at the way criminal issues have been dealt with by the state since Chalwe Mchenga became the Director of Public Prosecutions, one cannot remove arbitrariness and political manipulation from our criminal justice system. Mchenga seems to have entrenched a shameful practice.

The office of Director of Public Prosecutions is an important institution in ensuring the maintenance of law and order. The occupant of such an office must possess the highest levels of integrity and judgment. A careless approach to the powers that that office possesses could easily plunge the nation into chaos. This is something that Mchenga needs to be sensitive to. He needs to exercise the powers of that office with maturity and independence.

But his record so far is a shameful one which no honest person could defend. As things stand today, Mchenga has been denounced by his peers in the Law Association of Zambia because of the lack of evenhandedness in the way that he conducted himself in relation to the Frederick Chiluba affair.

Mchenga’s record does not give any comfort at all. We have not forgotten that Chiluba used him to punish the late Archie Mactribuoy because of the suspected inappropriate relationship with his wife. For that reason alone, Mchenga prosecuted Mactribuoy for all sorts of things. We wonder whether Mchenga can defend his actions in that matter.

The Kashiwa Bulaya case clearly demonstrated what sort of person Mchenga is. Levy Mwanawasa and George Kunda used him to stop Bulaya’s prosecution through a crooked and an unjustifiable nolle prosequi. When the matter became too hot and was threatening Levy’s presidency, Mchenga was used to publicly defend this nonsensical decision. When Levy decided to climb down, Mchenga was again used to put Bulaya back in court.

And this was the Mchenga who was used to claim that there was no evidence against Bulaya to secure a conviction. But today, we all know that Bulaya was convicted and efforts to appeal failed to save him from going to jail, albeit at University Teaching Hospital where his friends are keeping him to avoid Lusaka Central Prison hardships.

When Rupiah Banda decided to save Chiluba from a conviction and a jail sentence, Mchenga was again used to block the legitimate appeal which had been lodged. Mchenga claimed the prosecutors who had appealed Chiluba’s clearly corrupt acquittal had no authority to do so without his permission. Mchenga knew very well what the law is on this issue; he knows very well that the prosecutors didn’t need to go back to him for permission to appeal that acquittal. Judge Marvin Mwanamwambwa had clearly explained what the law is on this issue in a matter in which Mchenga was involved. But Mchenga seems to be permanently wedded to lies.

When we have called Mchenga a spineless wimp with little or no moral courage to stand for what is right, we have not done so lightly. We mean what we say. The record that Mchenga has set for himself is a very bad one. He has turned the Director of Public Prosecutions’ office into a gun for hire ready to do the bidding of his political masters however ridiculous their demands might be. A person who enjoys a protected security of tenure has reduced himself to behaving like a daily classified employee who fears that he might not be rehired the following day. This is a very dangerous trade for a man who sits on as much power as Mchenga does. The Constitution has given him power but it is not him using it. Mchenga has rented out his power to his political masters.

Mchenga has made the security of tenure of the Director of Public Prosecutions’ office meaningless. Mchenga is working like someone on a contract that will need to be renewed by Rupiah or George.

A little morality – if a little is all that he has – would have helped him to see that the decisions he is making are beyond wrong – they are immoral and criminal. How can a Director of Public Prosecutions join politicians in doing the kind of nonsense Mchenga is doing?

We are still waiting to see what Mchenga does about the violence that took place in Mufumbwe. We say this because he has been quick to authorise the prosecution of opposition UPND Solwezi Central member of parliament Watson Lumba for attempted murder. This is a case where it is alleged that a policeman was beaten by UPND cadres, not Watson – but cadres. Mchenga has seen it fit to have Watson indicted for attempted murder. But this same Mchenga has failed to authorise the prosecution of ruling MMD losing candidate Mulondwe Muzungu’s son who killed three people in a hit-and-run motor vehicle incident. Mchenga has no shame in using the law to fix the political opponents of his political masters – Rupiah and George.

The case of Dr Solomon Musonda is another example of the reckless and wanton abuse of power by Mchenga and his masters. Solomon recklessly aimed a firearm at the head of an unarmed person and almost killed him. Mchenga and his political masters decide, after a long and protracted attempt to evade arrest and prosecution of Solomon, to help him avoid the obvious charge of attempted murder by giving him a simple assault charge of causing grievous bodily harm with intention to maim. Where does the intention to maim come from when Solomon shot a person in the head with a gun and not a catapult? The ridiculousness of this does not bother Mchenga. The contradictions in his decision-making don’t make him uncomfortable enough to make him do the right thing. This is the kind of Director of Public Prosecutions we have.

Another opposition UPND member of parliament Charles Kakoma was wounded grievously while sleeping by MMD cadres who can be easily traced if there is a desire to do so. But to this day, no one has been arrested. And this is what Mchenga is condoning and supporting. Mchenga’s endless gratitude for having that job has turned him into a useless and very dangerous Director of Public Prosecutions. Our people should not expect any professionalism from Mchenga because he has turned himself into an MMD cadre, an MMD prosecutor - not different from William Banda.

And this is the man who is today responsible for the arguing of the appeal cases that Rupiah’s friends have taken to court. Rupiah wants all these friends of his - all of Chiluba’s tandem of thieves - to be saved from going to jail in the same way he has saved their boss. Can anyone expect Mchenga to go against Rupiah’s wishes and argue these matters in a manner that will help sustain the convictions that were obtained by independent prosecutors? It should not surprise Zambians to see all these appeal cases deliberately bungled by Mchenga and all the convictions overturned. This is administration of the criminal justice the Mchenga way. Zambians have no sensible alternative but to denounce it and fight to stop it.

Labels: CHALWE MCHENGA, CORRUPTION, DPP, SOLOMON MUSONDA, WYNTER KABIMBA

posted by MrK @ 3:11 PM