Court Clears DPP’s Appeal Against Chilufya, Honeybee Acquittal to Proceed

Court Clears DPP’s Appeal Against Chilufya, Honeybee Acquittal to Proceed The Economic and Financial Crimes Court has ruled that the Director of Public Prosecutions’ appeal against the acquittal of former Minister of Health Chitalu Chilufya, HoneyBee Pharmacy Limited and seven…

Court Clears DPP’s Appeal Against Chilufya, Honeybee Acquittal to Proceed

The Economic and Financial Crimes Court has ruled that the Director of Public Prosecutions’ appeal against the acquittal of former Minister of Health Chitalu Chilufya, HoneyBee Pharmacy Limited and seven others is properly before the court and ready to proceed.

A three-member panel comprising High Court judges Ian Mabbolobbolo, Ann Malata-Ononuju and Ireen Wishimanga delivered the ruling after five respondents applied to have the appeal dismissed for want of prosecution.

The respondents, including HoneyBee Pharmacy Limited and its directors Zakir Hussain Motala, Imran Lunat and Abdurrahim Motala, argued that the appeal should be thrown out because the DPP failed to file the Record of Appeal and heads of argument within the periods prescribed by the EFCC Rules 2024.

The bench dismissed the application after determining that the delay was not attributable to the DPP.

The court noted that a related legal challenge concerning an extension of time to appeal had to be resolved first, and that the expiration of standard timelines did not strip the court of its jurisdiction.

On procedural technicalities raised by the defence, the judges ruled that filing the initial Notice of Appeal in the Subordinate Court Registry, rather than the High Court Registry, fully complied with Section 323 of the Criminal Procedure Code.

The court emphasised that the legal duty to transmit the completed Record of Appeal to the High Court rests with the Subordinate Court registry, not with the appellant.

“Based on the foregoing reasons, we find that the application by the respondents to dismiss the appeal for want of prosecution lacks merit and is dismissed accordingly,” Justice Mabbolobbolo said.

The DPP is appealing the January 26, 2021 acquittal of Chilufya and eight others across six criminal counts stemming from the HoneyBee medical procurement scandal.

Alongside HoneyBee and its directors, the respondents include former Ministry of Health Permanent Secretary Kakulubelwa Mulalelo, Wilson Lungu and Bonaventure Chilinde.

The underlying charges involve alleged wilful failure to comply with statutory procurement procedures, unlawful acts causing harm, obtaining a pharmaceutical licence without meeting legal requirements, dealing in substandard or misbranded medicines, forgery and uttering false documents.

Director of Public Prosecutions Gilbert Phiri contends that the trial court committed a fundamental error by acquitting the respondents before formal pleas were taken on all six counts and without satisfying mandatory legal prerequisites, including obtaining the DPP’s direct consent to prosecute.

The matter now returns to court for the substantive hearing of the DPP’s appeal.a