STATE MOVES TO APPEAL AGAINST ACQUITTAL OF CHILUFYA, HONEYBEE

STATE MOVES TO APPEAL AGAINST ACQUITTAL OF CHILUFYA, HONEYBEE

THE Economic and Financial Crimes Court, High Court Division, has granted leave to the State to file an appeal challenging the Subordinate Court’s acquittal of Dr Chitalu Chilufya and eight others.

In this matter, Dr Chilufya, former Ministry of Health Permanent Secretary Mulalelo Kakulubelwa, Wilson Lungu, Bonaventure Chilinde, Chomba Kaoma, three Honeybee directors Imran Lunat, Zakir Motala Abdurauf Motala, and Honey Bee Pharmacy Limited have been cited as respondents.

The nine were acquitted by then Lusaka Magistrate Chinunda Chiwaula following the withdrawal of the complaint by lawyer Joseph Chirwa. Chirwa had moved the court to prosecute the nine for various corruption charges.

In a ruling endorsed by High Court Judges Susan Wanjelani, Anne Malata-Ononuju and Vincent Siloka, the court stated that the nine were, on January 26, 2021, acquitted by Magistrate Chiwaula.

“The Affidavit in Support was sworn by Victor Choongo, a State Advocate in the employ of the National Prosecution Authority, the Applicant herein. The Deponent averred that on January 19, 2021, criminal proceedings were instituted under Section 19 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, in Cause Number 2SPD/027/21 against the Respondents by way of a Complaint by Joseph Chirwa. The Deponent added that though the Complaint and Charge Sheet were filed, the same were filed without the Director of Public Prosecution’s Consent to prosecute, as per exhibits marked ‘VC 1a- b,’” the ruling read in part.

“That on the same day, January 19, 2021, the Complainant filed a Notice of Withdrawal of the Complaint into Court, as per exhibit marked “VC-2”. Following the filing of a Notice to Withdraw, all the Respondents were acquitted by Honourable Chinunda Chiwaula on January 26, 2021, as per the Ruling exhibited as “VC-3″. The Deponent further deposed that on August 23, 2022, the Respondents appeared for Plea in Cause No. CRMPC/002/2022 before Honourable Chibwili after they were charged for a similar offence by the Anti-Corruption Commission but raised a Plea of Autrefois Acquit”.

The court noted that allowing the State to file an appeal in the case would not prejudice the respondents, stating that the prosecution could not cause an action against them earlier due to several applications and appeals that had been filed by the respondents.

“We have considered the arguments of both Parties. In our considered view, allowing this application will not in any way prejudice the Respondents. We say so because in allowing the Application the matter will be heard on its merits, as opposed to being disposed of on a technicality. Further, in allowing the Application, the ends of justice will be served in that both Parties will be afforded a fair hearing in line with Article 18 of the Constitution,” the ruling read in part.

“We say so because the period of four years is reasonable in the circumstances, taking into account the various Applications that were in the various Courts. Further, both Parties will be given time before an impartial tribunal to prosecute their case to the best of their abilities so that justice is not only done but seen to be done in tandem with the holding in R Vs Sussex Justices, ex parte McCarthy supra. As we state the above, we acknowledge that in the four years a lot could have happened to the Witnesses, but the serious allegations and the public nature of this case demands that the ends of justice be served for the benefit of all the Parties involved”.

The court therefore granted the State leave to file an appeal in the matter.

“Based on the foregoing, we find that this is a proper matter where we can exercise our discretion to extend time within which to file an Appeal. The Applicant’s Application for Leave to file Appeal out of time is hereby granted,” read the ruling.

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