COURT ACQUITS DR CHITALU CHILUFYA OF CORRUPTION AFTER THE STATE FAILS TO ADDUCE FURTHER EVIDENCE IN THE MATTER.
LUSAKA chief resident magistrate Lameck Mwale has acquitted Health minister Dr Chitalu Chilufya of corruption after the State failed to adduce further evidence in the matter.
Dr Chilufya was charged with four counts of possession of properties reasonably suspected of being proceeds of crime.
When the case came up for continued trial today, the prosecution team led by ACC legal director Clifford Moonga, told the court that the State was offering no more evidence in the matter.
Dr Chilufya's lawyer Tutwa Ngulube submitted that his client be acquitted following the State's position not to offer further evidence.
"Given that the State has offered no further evidence in this matter, we crave the indulgence of this court to acquit the accused person because we do not want him to go back home thinking he will have to appear in court again," he said.
Magistrate Mwale in his ruling said in view of the position taken by the State to offer no more evidence and the evidence on record so far, he was acquitting the accused.
"The accused is hereby acquitted on four counts of possession of properties reasonably suspected of being proceeds of crime and subsequently, the summons issued to the Anti-Corruption Commission acting Director General falls away," ruled magistrate Mwale.
And speaking to journalists, Ngulube said justice has prevailed in the matter.
He thanked his client, saying he has always attended court sessions without faking any illness.
Earlier, Moonga told the court that ACC acting Director General Rosemary Nkonde Khuzwayo, who was summoned to appear in court and show cause why she should not be cited for contempt of court, did not show up because she is unwell.
Magistrate Mwale summoned Khuzwayo following the suspension of ACC investigator Chipampe Chipili Manda.
Manda, who was the first prosecution witness, was suspended on August 6, 2020 after he testified that as far as his investigations were concerned, he did not believe that Dr Chilufya had committed any crime.
Following his testimony, Khuzwayo in a memo dated August 7, directed to all regions, Commission secretary and directors, stated that Manda's testimony in court was not the Commission's position and announced that he had been suspended, pending disciplinary proceedings.
On Monday, Ngulube asked the court to cite Khuzwayo for contempt of court.
He said pursuant to section 116 of the Penal Code, it is a crime called contempt of court for any person who actually penalizes a witness for whatever they say before a court.
"The decision by acting director general to suspend him (Manda) was because it is believed that the witnesses gave evidence she did not like is an attempt to scare away truthful witnesses from your court such that at the end of the proceedings, we will not know whether this court has power to deal with this matter or protect witnesses.
We therefore pray to your honour to summon before your court the said Rosemary Nkonde Khuzwayo, Timothy Moono the ACC spokesperson, the secretary to the Commission and all the directors to confirm that indeed this memo was circulated and that indeed they referred to these proceedings. We also pray that this court summons Chipampe Manda to confirm that indeed he is being suspended for what he said in court," Ngulube said.
Magistrate Mwale then summoned Khuzwayo to appear today but she could not do so because of high blood pressure.
And magistrate Mwale said Khuzwayo should appear on Friday if she recovers.
It was at this point that Moonga, said the State had no further evidence in the matter leading to Dr Chilufya's acquittal.
