SOCIALIST Party leader Dr Fred M’membe says the arrest and charging of Mumbi Phiri for murder is clearly an abuse of the criminal justice system as it will be impossible to secure a murder conviction against her.
In a statement, Sunday, Dr M’membe said the statutory powers to arrest and prosecute those who committed crimes should be reasonably exercised in good faith.
“The arrest and charging of Mumbi Phiri for murder is clearly an abuse of the criminal justice system. From what is so far known and in the public domain there’s nothing to justify the non bailable charge of murder against Mumbi. It will be impossible to secure a murder conviction against her. And in the interests of justice the murder charge against Mumbi must immediately be dropped. As we have repeatedly stated, it is a well-known fact that throughout history, those who administer or control the criminal justice system hold the power with the potential for abuse and tyranny,” Dr M’membe said.
“The statutory powers to arrest and prosecute those who commit crimes should be reasonably exercised and in good faith. By allowing people to be unjustifiably arrested, detained and prosecuted, those in power are sending a dangerous signal that the criminal justice system can be used to persecute and fix opponents of the regime. There is need to administer justice fairly and impartiality.”
Dr M’membe said there was need to uphold the integrity of the criminal justice system and the right to a fair trial.
“In Freedom under the Law, Lord Denning wisely remarked, .All power corrupts. Total power corrupts absolutely. And the trouble about it is that an official who is the possessor of power often does not realise when he is abusing it. Its influence is so insidious that he may believe that he is acting for the public good when, in truth, all he is doing is to assert his own brief authority. The Jack-in-office never realises that he is being a little tyrant.’ We should at all times uphold the rule of law, integrity of the criminal justice system and the right to a fair trial,” said Dr M’membe.