Court rejects ACC’s application to stop Dr Chilufya from producing audio recording in defamation case
By Mast Reporter
THE Lusaka High Court has rejected an application by the Anti-Corruption Commission (ACC) in which it was seeking to stop Dr Chitalu Chilufya from producing an audio recording as evidence in a defamation case.
This is in a matter where the former health minister had sued the Commission for falsely and maliciously arresting and charging him with corruption in 2020.
Dr Chilufya’s lawyers from Tutwa S Ngulube & Company had submitted an audio recording of a meeting involving senior members that included then acting director general Rosemary Kuzwayo where she was allegedly heard ordering Dr Chilufya’s arrest even without incriminating evidence.
However, the ACC objected to the submission of the recording, arguing that it had not been tested.
The Commission further said Dr Chilufya only submitted the audial to court on the day that it should have been inspected.
The ACC said one of its employees who had availed the recording to Dr Chilufya was not available to ascertain its authenticity.
But Dr Chilufya’s lawyers argued that the ACC’s failure to inspect the audio recording was done at their own risk.
And in a ruling dated January 30, 2023 High Court judge Pixie Yangailo said the ACC could not object to a recording which had already been filed in court.
‘’Accordingly, I find that the intention to object to the production of the audio recording pursuant to the order cited by the 1st Defendant is misconceived as the 1st Defendant is objecting to an audio recording, which is already in the Plaintiff’s Bundle of Documents and as such it has had opportunity to view it and inspect it, albeit in a manner that is in contravention of Order 24 Rule 9 of the Rules of the Supreme Court…,’’ said judge Yangailo. ‘’By way of conclusion, having found that the 1st Defendant’s remedy lies in testing the veracity of the person seeking to rely on the audio recording at trial, I accordingly dismiss this application. The matter shall return for a status conference on 2nd March, 2023, at 09:00 hours.’’
Judge Yangailo ordered each party to bear the costs.