The Opposition party DPT in its submission to the court on the DPT Vs Dasho Benji case said that the issue of sedition is not at all related to the present case and is too sensitive a matter, which will have unthinkable negative consequences on the national integrity, security and sovereignty, if it is contested in court of law.
“Although we, the plaintiff, were compelled to submit our responses to the most hurtful issues of Royal prerogatives and sedition among others, we beg to submit, once again, that these are totally extraneous and irrelevant to the case,” said the Opposition representatives.
The DPT asked the court that allegations of sedition, Royal prerogatives etc be dismissed as totally irrelevant to the present case.
The party also said that the defendant had failed to substantiate any of the allegations made in the first rebuttal despite specific requests made by the plaintiff.
“Even though all of the highly political and malicious allegations were totally baseless while many were completely irrelevant to the case, we have submitted our responses to each of them in our rebuttal,” said DPT.
It goes on to say, “We have respectfully and conscientiously exercised caution in our submissions with regard to the most hurtful and grievous accusation of usurping the Royal prerogative of land Kidu and the preposterous charge of sedition.”
DPT accused the defendant of trying to the mislead the court in terms of construing an apology demand as undermining fundamental rights and also in saying that DPT’s argument that “bha” is an old gambling tick of dirt minds is wrong. DPT said that bha is irrelevant to the ongoing case.
The DPT then reproduced six of its main points from its first rebuttal for the judge’s reference.
DPT went on to affirm that Dasho Benji’s statement on facebook was not humor but it was defamatory and that he should be convicted under the penal code for it. ‘
DPT maintained that it was still ready withdraw the case in the larger interest of the nation’s unity, peace and harmony, if Dasho Benji submitted a statement through the court that “his comment was simply a passing exchange which in every sense was meant to be humorous counter to others comments and literally not meant to accuse DPT of committing acts of robbery.”
DPT said that if Dasho Benji does not agree to the above statement than the defendant should be ordered to issue an apology to the public for demeaning the electorate. RCSC and NEC be ordered to take suitable administrative action against the defendant.
Appropriate action be taken against the defendant for airing his suspicion that courts would be “deciding more on basis of individual judge’s prejudices then the law of defamation.”
That the defendant be ordered to prove beyond reasonable doubt by following the due process of law, each case of allegations of corruption. The defendant be ordered that burden of proof falls on him and the defendant be convicted for the offence of libel.