UPND Lusaka district information and publicity secretary Matomola Likwanya has lodged a complaint with Inspector General of Police Lemmy Kajoba against Director of Public Prosecutions (DPP) Lillian Siyunyi for the offence of conspiracy to defeat the course of justice.

Meanwhile, Police Spokesperson Rae Hamoonga says the service is in receipt of the letter and is currently studying the matter.

In a letter dated April 14, 2022, Likwanya accused the DPP of conspiracy to defeat the course of justice in her handling of a matter relating to former KCM provisional liquidator Milingo Lungu.

He argued that the current case clearly demonstrates collusion between the DPP and lawyers representing Lungu, and possibly the accused person himself.

“I write to your esteemed office to officially lodge a criminal complaint against Mrs Lillian Siyuni Fulata SC (the DPP), Mr Milingo Lungu and his lawyers for the offence of conspiracy to defeat the course of justice in her handling of a matter relating to the former KCM provisional liquidator. While I acknowledge the fact that the DPP has powers to prosecute and stop any prosecution, the current case is one which clearly demonstrates collusion between the DPP and lawyers representing Mr Milingo Lungu and possibly the accused person himself. I am shocked to learn that lawyers representing an accused could complain to the DPP that their client was re-arrested by the Drug Enforcement Commission when the powers of arrest are only vested in law enforcement agencies,” read the letter.

“Why then would Mr Lungu’s lawyers complain to a no-arrest entity, the DPP when issues of arrests and re-arrests are solely the preserve of law enforcement agencies, in this case, the DEC. The only explanation at hand is that the lawyers representing Mr Milingo Lungu and their client were well aware that the DPP was going to enter a nolle in advance before the same could be formally done.”

He said it was puzzling that the DPP was shocked that DEC re-arrested Lungu without her knowledge, which he said was a clear demonstration that she acted unilaterally in cohorts with Lungu and his lawyers to procure a nolle in his case.

“This in itself is a conspiracy to defeat the course of justice falling under provisions of section 112 of the Penal Code. What is more even puzzling is the letter which I have attached hereto which is in public domain that the DPP was shocked that DEC re-arrested Mr Lungu without her knowledge, a clear demonstration that the DPP acted unilaterally in cohorts with Mr Lungu and his lawyers to procure a nolle in his case in the first place as she has no powers of arrest and neither can she direct law enforcement agencies as to who to arrest and not to arrest. This in itself constitutes abuse of power by a constitutional office holder,” stated Likwanya.

Meanwhile, Police Spokesperson Rae Hamoonga said the service was in receipt of the letter and was studying the matter.

“We have received the letter and we are studying the matter,” said Hamoonga.