Sunday, 22 July 2018

High Court Grants Ignatius Chombo Indefinite Stay Of Prosecution

The High Court has granted former cabinet minister Ignatius Chombo an indefinite stay of prosecution. 

Chombo who is facing charges of fraud, criminal abuse of office and contravening the Prevention of Corruption Act filed an urgent application at the High Court after Prosecutor-General Ray Goba refused to postpone his trial until his constitutional application to have all charges against him dropped permanently is resolved.
High Court Grants Ignatius Chombo Indefinite Stay Of Prosecution
In granting the request for an indefinite stay of prosecution, Justice Charles Hungwe ruled,

The criminal prosecution of the applicant (Chombo) be and is hereby postponed sine die(without assigning a day for a further meeting or hearing) until the determination of HC6515/18

In his application, Chombo through his lawyer Lovemore Madhuku had said,

The attitude of the State and National Prosecution Authority is grossly unreasonable and it undermines the rule of law. Proceeding with the criminal prosecution before a determination renders the latter academic.

Why should an applicant be taken through a criminal prosecution that may be declared void? Chombo has more than a prima facie right. Serious violations of his constitutional rights can be remedied by a permanent stay of prosecution.

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