Zambian President Levy Mwanawasa said yesterday the country's embattled top prosecutor is to step down and take no further part in the corruption trial of former head of state Frederick Chiluba.

Mwanawasa told reporters that Director of Public Prosecutions (DPP) Mukelebai Mukelebai, currently on 45-day leave, would go on to take a one-year sabbatical and would then retire from his position because of "serious allegations" against him.

The president said that among the several allegations against Mukelebai was an accusation that he met with former intelligence boss, Xavier Chungu - on trial along with Chiluba - to discuss how to circumvent the corruption charges.

"The allegations against him are most serious and both myself and the DPP could not with full conscientiousness ignore those allegations," Mwanawasa said.

Mwanawasa's declaration contradicted a statement Wednesday by his legal affairs minister, George Kunda that the DPP was on an ordinary leave and still in charge of the cases against Chiluba.

The president said he had "no cogent evidence" that the allegations against Mukelebai were true, but that any suggestion that he should ignore them would be "both malicious and unfair".

Chiluba and some of his former aides face charges of stealing more than $40-million from the state during his 1991 to 2001 presidency.

Mwanawasa said he had offered to appoint Mukelebai as either a High Court or Supreme Court judge after his sabbatical, but that he had opted for retirement because he wanted to join the private sector.

He added that Mukelebai had agreed that the corruption cases should be handled by brothers Mutembo and Nchima Nchito, prosecutors who had resigned after differing with the DPP but later returned.

Cracks in the prosecution team appeared when they failed to agree on how to proceed with witnesses during the first part of Chiluba's trial.

All 13 witnesses called to testify cleared Zambia's former president, in what was seen as a major setback for the prosecution. – Sapa-AFP.