Acquittal and malicious prosecution of Dr. Chilufya exposed ACC
FORMER Minister of Health, Honourable Dr. Chitalu Chilufya was last year arrested and subsequently charged by the Anti Corruption Commission (ACC) on allegation that he was involved in corrupt practices and in fact not.
However, Dr. Chilufya was acquitted on the four charges levelled against him by the Lusaka Magistrate Court. The arrest and prosecution of Dr. Chilufya by the Anti Corruption Commission compelled the former Minister of Health through his lawyer, Tutwa.S. Ngulube and Company to demand for US$50 million (K872 million) compensation from ACC within three days after serving the investigative wing with the demand letter.
In an event that ACC fails to comply with Dr. Chilufya’s demand, the former Minister of Health through his lawyer will seek other legal avenues so that his dwindled reputation restored. In legal terms, Dr. Chilufya is seeking restitution and compensation for the damage to his reputation.
Dr. Chilufya and his lawyer derives strength from the audio recording which recently went viral in which the Anti Corruption Commission officers and the investigators can be heard warning the former director General Rosemary Khuzwayo that in their investigation, they found that the former Minister of Health was innocent. But alas, ACC went ahead with the prosecutions.
The wrong prosecution of Dr. Chilufya by ACC has, however, exposed the investigative wing because it acted unprofessionally in dealing with the alleged case of the former Minister of Health.
Dr. Chilufya’s reputation, which was built over a number of years, was damaged. Hence, the need for him to be compensated for the damage he suffered at the hands of ACC through unlawful prosecution.
It is evident that ACC erred in arresting and prosecuting Dr. Chilufya last year despite the fact that he was innocent. Simply put, the arresting and prosecuting of Dr. Chilufya was merely a ploy to tarnish his reputation as a public officer.
In my aforegone conclusion, let me hasten to mention here that justice must prevail in the malicious prosecution of Dr. Chilufya.
ELEMIYA PHIRI Lusaka.