UPND chairman for elections Gary Nkombo has warned that the party will use a private prosecutor to drag Dr Faustin Banda to court if the police do not provide a positive response on the report lodged last week.
But Lusaka Province Police Commissioner Nelson Phiri says the police is still studying the matter and will give a report in due course, as it is not the most important case that they are dealing with.
Last week, Dr Banda, who was adopted as UPND Kasenengwa candidate in next month’s parliamentary by-election, disappeared on nomination day without giving any reason.
In an interview with News Diggers! Nkombo said the matter will have to be heard in the courts of law and not in a kangaroo court.
“From the time we reported the case, the police just assured us that they were going to send the report to the boss, the docket has already been opened and we are hoping that by the end of today (Monday), they will come to us to tell us that they have done what is needed of them to do, meaning to give Dr Banda a police callout so that he can come and tell his side of the story on the issue of obtaining money and materials by false pretences. But if the police don’t do what is expected of them, we feel we would like to see this matter go to court using a private prosecutor. It’s a real simple issue that the police, if they do not give a positive reaction and do not do what is expected of them, there is a legal channel of getting a private prosecutor to go and dig out the reasons as to why Dr Banda conducted himself in that manner,” Nkombo said.
He said it was necessary that Dr Banda clears his name from all the stories surrounding his disappearance.
“He will be compelled to come and tell the court so that he can clear his name on the many stories that we are getting surrounding his disappearance. And so that is basically our position. We are hoping that by end of today, the police will come to us. For now, I have no reason to doubt the police because they have opened the docket but we have room, we cannot just rest all the trust in the police because we know that the higher the matter goes, the more likely that it will be interfered with by the invisible hand of our political system. This is the reason why the issue of a private prosecutor is an option, which we are not exercising now until we exhaust the police’s stand. And this will be done not in a kangaroo court, but in a court of law,” added Nkombo.
And when contacted, Phiri said the police were still studying the matter.
“We are studying the matter. Is it the only case that you want me to be reporting on someone who has withdrawn from an election? It’s not even important, we will tell you the outcome,” said Phiri.