DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito is the last person to demand the recusal of Judge Judy Mulongoti from presiding over UPND leader Hakainde Hichilema’s case of causing publication of false information, civil rights activist Brebner Changala has charged.
Mr Changala said Mr Nchito was applying the worst form of hypocrisy and double standards by asking Judge Mulongoti to recuse herself from presiding over Mr Hichilema’s case because her husband McDonald Mulongoti was a UPND member.
He said Mr Nchito had refused to recuse himself from a matter in which former President Rupiah Banda had sued Post Newspaper owner Fred M’membe for contempt of court.
Mr Changala said Judge Mulongoti was not a politician nor was she a member of the UPND for Mr Nchito to erroneously claim she was conflicted.
He said there could not have been any form of conflict of interest in Judge Mulongoti presiding over Mr Hichilema’s case because the judge was not a politician and that Mr Nchito had exposed himself of how conflicted he was by his biased actions.Mr Changala said while he was aware that Mr Nchito had refused to recuse himself from president Banda’s Nigerian oil case and that of concealing gratification, it was shocking that he could have the latitude of attacking professional judges.
“It is shocking that Mr Nchito could apply that Judge Mulongoti should recuse herself from presiding over Mr Hichilema’s case on grounds that her husband has defected to the UPND. If it were not Mr McDonald Mulongoti, I am sure Mr Nchito would not have had any problem but he should understand that the Judge is not a member of the UPND. Mr Nchito is applying the worst forms of double standards and hypocrisy. Mr Nchito has refused to recuse himself from prosecuting his friend Fred M’membe in a case where president Banda has sued the Post Newspaper owner even when he has been found deeply conflicted,” he said.
Mr Changala observed that the double standards being exhibited by Mr Nchito was a serious eye-opener of what was obtaining in the judiciary especially that the DPP had openly shown that he could not be impartial in his prosecutions.
Mr Hichilema has petitioned the High Court to quash section 67 of the Penal Code from the statutes but the matter has been sent back to Judge In charge Isaac Chali because Mr Nchito has objected to Judge Mulongoti presiding over the matter because according to him she (Judge Mulongoti) had become conflicted following her husband joining the UPND.
And on Wednesday September 17th 2014, the Daily Nation referred Judge Judy Mulongoti as the wife of People’s Party Mike Mulongoti’.
It has however come to our attention that the Judge is in fact the wife of Mr McDonald Mulongoti who has since joined the UPND.