Archbishop prosecution questionable – Chansa
By Thandizo Banda
MOVEMENT for Economic Emancipation President Given Chansa has questioned the public interest in the continued prosecution of Archbishop Alick Banda over a motor vehicle he received as a gift.
In a statement issued yesterday, Chansa said a fundamental feature of prosecutorial discretion was the public interest test, which required that even where there was sufficient evidence, a prosecution should only proceed if it was in the public interest.
“You have to remember that criminal prosecutions are carried out in the name of the public via the state institutions, hence why most cases are versus the State,” he said.
“That principle requires that even where there’s enough evidence to prove a criminal offence, a prosecution should only proceed if it is required in the public interest.”
Chansa wondered what public interest existed in prosecuting a high-profile clergyman over a motor vehicle gift he received.
He said if it had been established that the motor vehicle gifted to the archbishop was unlawfully obtained, public interest would be better served by asking him to surrender the vehicle and advising him to be extra careful when accepting high-value gifts in future.
“It is hard to find anyone in Zambia who genuinely believes that Bishop Alick Banda connived to steal a motor vehicle from ZRA for what other records of this sort of behaviour exist from him?” Chansa said.
He urged the State to exercise prosecutorial discretion and discontinue the case in the interest of the nation.
“I urge the State to exercise the prosecutorial discretion principle of public interest test and discontinue this case whose continued prosecution could not possibly be in any public interest,” Chansa said.
