Court discontinues Dr Chitalu Chilufya’s case as ACC opts not to give further evidence

[The Mast Online] THE Anti-Corruption Commission has discontinued corruption proceedings against health minister Chitalu Chilufya. Dr Chilufya was facing four counts of possessing property suspected to be proceeds of crime involving more than US $200,000 which was used to purchase shares in Samfya Marines and Tourism Services, Spark Guest House (now Henry Courtyard), including a boat for transportation. When the matter came up for continued trial, ACC acting secretary Clifford Moonga told chief resident magistrate Lameck Mwale that he was under instructions not to produce further evidence in the matter. “I have specific instructions to offer no evidence in the matter,” Moonga said. “There was an order by the Court yesterday [Monday] to have the acting director general of the Anti-Corruption Commission Rosemary Kuzwayo so that an inquiry could be conducted on concerns that were raised by the defence. The Court order was effected but the acting director is unable to appear before you as she is unwell. I am informed that her blood pressure shot up.”

In response, Dr Chilufya’s lawyer Tutwa Ngulube said there was no objection to have Kuzwayo appear before court when she is well as it would be in the interest of justice that she is given time to recover and appear before court. Ngulube further asked the court to free Dr Chilufya. “Based on what has been submitted by the state, we ask the court to acquit the accused person as we believe that it will serve the interest of justice in the matter. The accused must not go home thinking he has to appear before court the following day,” said Ngulube. In his ruling, magistrate Mwale said “based on the submissions by the state not to produce further evidence in the matter, proceedings against the accused are discontinued and I hereby acquit him forthwith.” He further directed that the summons issued against Kuzwayo to show cause why she should not be cited for contempt of court for suspending investigations officer Chipampe Manda had equally fallen off. After the court session, Dr Chilufya was asked by the media on whether he really engaged in corruption but he refused to comment on the allegations that were leveled against him.