Chitalu’s trial fails to start

TRIAL in the case Health Minister Chitalu Chilufya is charge with four counts of possession of properties suspected to be proceeds of crime, yesterday failed to set off after the state applied for an adjournment to allow them more time to prepare.

This prompted defence lawyers, Mr Tutwa Ngulube and Mr Jonas Zimba to ask the court to discharge Chilufya since the state was not ready.

In the matter before Lusaka Chief Resident Magistrate Lameck Mwale, Chilufya is in the first count alleged to have on a date unknown but between December 1, 2016 and December 31, 2017 at Lusaka had US$200, 000 which was used to buy 6, 000 shares in Samfya Marines and Tourism Service Limited from Den Daas Investment Zambia Limited, property suspected to be proceeds of crime.

The second count alleges that Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 at Lusaka had K270, 000 cash which was used to buy 2, 000 shares in Samfya Marines and Tourism Services Limited from Leo Jonas Ngosa Investment Limited, property suspected of being proceeds of crime.

In the third count, Chilufya on an unknown date but between January 1, 2018 and December 30, 2019 had K3, 000, 000 which was used to buy Lot No. 365/366 also known as Spark Guest House situate in Mansa, property reasonably suspected to be proceeds of crime.

In the last count, it is alleged that Chilufya on a date unknown but between January 1, 2017 and December 32, 2017 at Lusaka had US$52, 000 which was used to buy a passenger boat also known as Transport 32 from Smart Own FZE of Dubai in the United Arab Emirates, property reasonably suspected to be proceeds of crime.

When the case came for commencement of trial, the ACC prosecutor informed the court that the state was not ready because the operations at their head office had been temporarily put on hold after two employees, including one of the prosecutors in the case tested positive for Covid-19.

However, the defence lawyers objected to the adjournment and asked the court to only stand down the matter to the afternoon to allow the state to put its house in order and proceed with the case or have Chilufya discharged and only be taken back to court when the ACC was ready to prosecute the case.

The defence lawyers also objected to the affidavit in support of the motion to adjourn because the document has no date making it defective.

The matter has since been adjourned to today for commencement of trial.