Kabimba questions DPP over Dr Musonda's charge

Kabimba questions DPP over Dr Musonda's charge
By George Chellah
Tue 22 June 2010, 09:00 CAT

Lusaka lawyer Wynter Kabimba has written to the Director of Public Prosecutions (DPP) Chalwe Mchenga demanding that the charge against Dr Solomon Musonda be reviewed and amended before the commencement of trial.

And Kabimba has informed Mchenga that he would like to join the prosecution team in Dr Musonda’s case on pro bono basis since his appointment, as a public prosecutor in 1985, is still valid.

In a letter to Mchenga dated June 21, 2010, WM Kabimba & Company described the charge on former health deputy minister Dr Musonda as nothing but a traversity of justice considering the fact that he shot and wounded Jackson Musaka of Serenje.

Dear Sir, RE: ARREST OF DR SOLOMON MUSONDA FOR CAUSING GRIEVOUS BODILY HARM WITH INTENT TO MAIM AND DISFIGURE. The above named was arrested by the police on Thursday 17th June 2010 and has been charged with causing grievous bodily harm with intent to maim and disfigure Jackson Musaka. Dr Musonda appeared in court on Friday 18th June 2010, read Kabimba's letter in part.

As advocates for Jackson Musaka, we would like to observe that the charge against the suspect in this matter is nothing but a traversity of justice if you take into account the circumstances of the case and in particular the deliberate use of the firearm against the victim by Dr Musonda.

Accordingly, the suspect should have been charged with a more serious offence than the one he is now facing. In stating the above, we are not oblivious to the fact that under the Republican Constitution of our country you are not subject to any authority in the discharge of your duties as DPP.

However, where the circumstances of the case are so obvious and clear and appropriate criminal provisions in our statute books provide for the offence in question like attempted murder in this case, it is a mockery of justice to be seen to circumvent such provisions. It is only fair, therefore, and in the interest of justice that you review and amend the charge in question before the commencement of trial.

The law firm also informed Mchenga that they would like Kabimba to join the prosecution team in the matter.

In 1985, the then DPP had appointed and gazetted our Mr Kabimba who was at the time an advocate with Lusaka City Council as a public prosecutor. Since the said appointment is still valid, Mr Kabimba would like to join the prosecution team in the prosecution of Dr Musonda on prono bono basis, stated the letter.