Africa-Press – Zambia. THE Anti-Corruption Commission says the provisions under which former minister of health Dr Chitalu Chilufya was charged with possessing property suspected to be procceds of crime was based on reasonable suspicion where evidence is incomplete.
The Commission argues that criminal prosecution does not amount to defamation. Dr Chilufya has sued the Commission and its former acting director general Rosemary Khuzwayo demanding US$ 50,100,000 as damages for libel over malicious prosecution on corruption related charges in 2020. He is seeking damages for malicious prosecution, libel and defamation, intimidation as well as e exemplary and aggravated damages to be assessed.
In his statement of claim, Dr Chilufya said between September and August 2020, he was prosecuted for possessing property suspected to be proceeds of crime involving more than US$200,000 to purchase shares in Samfya marines and tourism services, spark guest house now Henry Courtyard and a boat, which proceedings he attended at great cost.
He claimed that he was innocent but subjected to and exposed to criminal proceedings and was at a risk of being imprisoned if he did not defend himself. Dr Chilufya charged that the ACC did not have evidence or reasons to arrest and charge him.
He said despite the evidence by the commission’s witnesses exonerating him, he was still prosecuted but the prosecution ended in his favor and he was acquitted by the Lusaka Magistrate’s Court.
“The defendants were malicious in their prosecution and they had no proof to prosecute the plaintiff on the subject offense and that they were being motivated by social media lies and publication of a well-known malicious online publication and newspaper which neither had evidence nor facts that the plaintiff was involved in any wrongdoing,” Dr Chilufya stated.
“The defendants did not bother to verify their allegations nor their investigations but proceeded to prosecute the plaintiff. The investigations against him did not show evidence capable of causing a prosecution as the defendants had no proof of the alleged offenses against the plaintiff.”
In its defense, the ACC said that Dr Chilufya’s arrest was not malicious but was based on a report it received on December 17, 2019 bordering on allegations that he had properties which were suspected to have been dubiously acquired.
It refuted assertions that it neither had evidence nor reasons to arrest and charge him. “The first defendant will demonstrate at trial that the provisions under which the plaintiff was charged is based on reasonable suspicion, that is a state of conjecture or surmise, where proof is lacking,” ACC explained.
“The first defendant denies ever being motivated by any social media publication or newspapers and will aver at trial that the arrest and prosecution of the plaintiff was formed by an independent report dated December 17, 2019 to the first defendant. The said report was investigated as evidenced by PW1 (Chipampe Manda, an investigations officer) from the surbodinate court.” It said the information it gathered from the investigations formed the basis of Dr Chilufya’s arrest and apeearance in court.
“The first defendant will show that the purported audio recording, in whatever manner the plaintiff became aware of it, and in so far as it purports to disclose internal Communication within the ACC, an investigative agency of the state, cannot be relied upon by the plaintiff, as its use in connection with this action invites the court’s complicity in the perpetration of an illegality, namely, the unlawful disclosure of protected information thereby falling within the exclusionary rules of state privilege,” ACC said.
It stated that it did not fail to prove allegations against Dr Chilufya because it decided to make an application to “offer no further evidence” which led to his acquittal before the case to answer stage as a compromise after the court summoned Khuzwayo to show cause why she should not be cited for contempt of court for suspending Manda after he testified in favour of the plaintiff. The ACC said that Dr Chilufya is not entitled to any reliefs he is seeking based on grounds of embarrassment.
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