Health personnel’s double jeopardy case transferred to High Court

THE Lusaka Magistrate Court has referred to the High Court the matter of former Ministry of Health chief purchasing and supply officer Wilson Lungu where he argues that he cannot be prosecuted twice over the same matter.

Lungu contested his prosecution by the Anti-Corruption Commission (ACC) for failing to abide by the guidelines relating to procurement during to the purchase of alleged defective condoms, drugs among other medical equipment supplied by Honeybee Pharmacy.

Previously, Lungu raised a preliminary issue in relation to his acquittal saying he cannot be prosecuted twice for the same charges he was freed of.

In this case, Lungu is charged with Daniel Makawa, a senior register surgery, Emmanuel Mubanga, a Pharmacist, Boyd Mwanashimbala, a Pharmacist, Vianney Neene and Abel Livingi, a procurement at the Ministry of Health for willful failure to follow applicable law or procedure.

Lungu's Lawyer said he appeared before a court of competent jurisdiction facing similar charges and he was freed of the same.

"The accused person was acquitted and a certificate was issued by the other court, it is our submission that Lungu cannot be prosecuted over the offences he has been previously acquitted of," Lungu's lawyer said.

ACC officer, Mr Kanyimbo applied for the case to be heard at the High Court for determination because the acquittal in question seems illegal and questionable where there was no record of plea taken by the accused person.

In her ruling, Principal Resident Magistrate Jennifer Bwalya said the reason of the acquittal questioned the legality of the matter.

“There is common ground that the accused did not take plea because there was no record of him taking plea, I therefore commit this matter to the High Court for determination" she said.