The Director of Public Prosecution (DPP) has cleared CDH Investment Bank (CDHIB) Chief executive Officer (CEO) Misheck Esau, denying Anti-Corruption bureau consent to carry prosecution orders.
Both ACB and DPP have confirmed the development.
Esau and CDH were being accused of failure to conduct due diligence on Zameer Karim of Pioneer Investments.
Esau and CDH are said to have been involved in Karim’s scandal where he is said to have misappropriated K466 million which is contrary to section 287 of the penal code.
Karim was arrested together with two senior police officers, police commissioner Innocent Botomani and senior superintendent Grant Kachingwe.
In March this year, ACB arrested Esau in relation to Karim’s case and charged him with several counts, including conspiracy contrary to Section 35 as read with Section 25B of the Corrupt Practices Act (CPA); failure to conduct due diligence and monitoring contrary to Section 29 of the Financial Crimes Act; influencing the use of public office for advantage contrary to Section 25B (2) of the CPA; and money laundering contrary to Section 42 (1) (c) of the Financial Crimes Act.
However, the DPP has written ACB, ahead of a court appearance that was slated for September 19 2019, refusing to grant consent to prosecute Esau and CDHIB. The DPP has not yet provided a reason.
But Ministry of Justice and Constitutional Affairs senior state advocate, who is also the spokesperson for DPP, Pirirani Masanjala, said in a written response to a questionnaire that the DPP will give the reasons for denying ACB the consent to the Legal Affairs Committee (LAC) of Parliament.
He said: “Section 42 of the Corrupt Practices Act gives the DPP 30 days within which to provide a report to the Legal Affairs Committee in every situation where consent is denied. The DPP is in the process of complying with that requirement and considers it appropriate that reasons for the decision be made available to the LAC first.”
However, Masanjala said the DPP gave directions under Section 76 (2) of the CPA that Karim, Botomani and Kachingwe’s cases should proceed.
“That case and the one in issue in law may be prosecuted separately. It is, therefore, in the in interest of justice and equally appropriate to proceed with that other case,” he said.
ACB director Reyneck Matemba confirmed in a telephone interview that the DPP wrote the bureau a brief note refusing to grant the anti-graft body consent to prosecute Esau and CDH Investment Bank.