Former press aide in the Chiluba administration Richard Sakala has sued the State demanding US$5million compensation over malicious prosecution and detention over a case which occurred over 20 years ago.
Mr Sakala wants the court to rule that he deserves to be paid consequential damages for the period of detention before and after conviction, a period of five years less remission, amounting to the sum of US$5 million.
He wants an order that the criminal prosecution on him and subsequent conviction by the magistrate’s court, on March 5, 2004, and any ensuing decisions on appeal in the said proceedings was illegal.
Further, he seeks an order that the actions of the Republican President, the late Levy Mwanawasa at the time, to override the decision of the Director of Public Prosecutions (DPP) was illegal.
It is alleged that the President, then, Levy Mwanawasa, directed the withdrawal of the private prosecutor for the task-force on corruption, Mr Mutembo Nchito, from prosecuting the criminal case against Mr Sakala.
The etitioner further alleges that the President then reinstated Mr Nchito to the criminal case against him (Mr Sakala), decisions he says should be declared illegal for violating the provisions of the Constitution.
Mr Sakala submits before the Constitutional Court that about April 17, 2002, he was arrested by the Anti-Corruption Commission and charged with four abuse of authority counts.
Subsequent to the arrest, the petitioner was released on police bond but was told to appear before a magistrate on April 24, 2002.
“On April 23, 2002 , the then DPP Mukelabai Mukelabai, in exercise of his constitutional powers, granted consent for the prosecution of the petitioner for three counts of abuse of authority but entered a nollie prosequi on one charge of abuse of authority and discontinued the count”.
Mr Sakala submits that on August 7, 2002, while on bail pending trial, he was arrested and detained at PHI police post by the Task Force on Corruption set under the ACC.
He says eight days later, without appearing in court, the dealing magistrate Faides Hamaundu transferred him to Kamwala remand prison where he remained incarcerated for the entire duration of his trial and subsequent imprisonment.
Mr Sakala submits that the DPP directed the private prosecutor for the taskforce on corruption Mr Nchito to withdraw from prosecuting the criminal case against him.
Aggrieved with the DPP’s decision to direct withdrawal of the private prosecutor, Mr Mwanawasa was alerted about the development.
“On December 16, 2003, in a letter to the executive chairman of the Task-force, President Mwanawasa did override the decision of the DPP to direct the withdrawal of the private prosecutor for the task-force on corruption Mr Mutembo from prosecuting the criminal case against Mr Sakala”.
The petitioner says despite these illegalities and irregularities, the criminal proceedings went ahead at the instance of the task-force.
On March 5, 2004, the petitioner was convicted on all six charges and sentenced to a cumulative term of 11 years with hard labour of which he served three and a half years in prison which was upheld on appeal.
“The petitioner served five years imposed less remission for good conduct”.
Mwebantu
