CHITALU CHILUFYA DID NOT COMMIT ANY CRIME, ACC TELLS COURT
This is what people mean when they say the ACC is a bunch of criminals and fools who need to be disbanded and arrested. The ACC investigated and after being satisfied with their findings, they arrested health minister Chitalu Chilufya. The main charge was that he bought property suspected to be from proceeds of crime. But shockingly, when the trial began, the ACC arresting officer and lead prosecutor turned himself into the key defence witness for Chitalu Chilufya.
Chipampe Manda testified that Chilufya’s total earnings for the period November 2013 to February 2020 was in excess of K22 million.
He told the Lusaka Magistrate’s Court that from the National Assembly, Chilufya earned over K7 million, over K3 million from PMEC and over K12 million between 2016 and 2019 from Henry Courtyard Limited in which he is a director and shareholder. The problem with this chap from the ACC is that it does not take into account Chilufya’s expenses in the same period. The ACC wants the country to believe that Chilufya was keeping all this money in his account just waiting to buy property.
But then why did the ACC proceed with arresting Chilufya when they discovered that he bought the property from legitimate earnings?
This statement by the ACC shocked the judge. Chief Resident Magistrate Lameck Mwale wondered why Health minister Dr Chitalu Chilufya is in court if the the value of Assets is alleged to have acquired is less than his legitimate earnings.
“Are you saying the assets are less than his known legitimate income or more?”He asked, as the the witness said it was less.
“Then what is wrong with that?” Magistrate Mwale asked.
According to Manda, the total value of the assets the minister is alleged to have acquired through proceeds of crime was K5, 542,500.
“Having done that your Honour, I looked at the total sum that Dr Chitalu Chilufya is alleged to have acquired through proceeds of crime. The total value of properties was K5, 542,500,” Manda explained.
The witness said since the minister was accused of paying cash for all assets, and he summed up the withdraws on Henry Court Yard Limited, where he is director and shareholder, and found the withdraws to be over K19 million.
This is in a case where Dr Chilufya is appearing before Magistrate Mwale on four counts of possession of property suspected to be proceeds of crime.
And during cross examination, Manda said he did not believe that Dr Chilufya committed the offence after he investigated and analysed the evidenced he gathered.
The witness also said he does not have evidence to show that the accussed paid K3 million to Kimula General Dealers for the purchase of Spark Guest House.
Manda could also not tell whether it was Dr Chilufya or Henry Courtyard Hotel who paid towards the purchase of Spark Guest House.
He further told the court that Dr Chilufya acquired a K2 million loan from Citizens Economic Empowerment (CEC) before the period in question which he was still paying for.
Meanwhile, Manda said being a minister and member of Parliament for Mansa Central, the positions which the accussed held, they came with emoluments as such he earned over K7.7million from December 2017 to April 2019.
Manda further testified that he established that Dr Chilufya was director and shareholder in Henry Courtyard Limited.
The witness also said he did not have evidence that the accused possessed USD 200,000 as alleged in one of the charges.
Manda said Dr chilufya never concealed shares as he openly bought them in Samfya Marines.
He said it could be dangerous to conclude that the accused bought the boat and never possessed USD 52,000.
The witness also said Dr Chilufya corporated during investigations and there was no belief that he hid anything.
He also said he could not tell the source of income for the properties Chilufya is alleged to have bought.
Trial continues today but clearly there is no need for Chilufya to call any witnesses as he has already hired witness masquerading as ACC prosecutors.
It is alleged in the first count that Chilufya on a date unknown but between December 1, 2016 and December 31, 2017 in Lusaka possessed US$200,000 which was used to purchase 6,000 shares in Samfya Marines and Tourism Services Limited from Den Daas Investment Zambia Limited, property suspected to be proceeds of crime.
In the second count, it is alleged that Chilufya on a date unknown but between January 1, 2017 and December 31, 2017 in Lusaka possessed K270,000 cash which was used to purchase 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, it is alleged that Dr Chilufya on an unknown date but between January 1, 2018 and December 30, 2019 possessed K3,000,000 which was used to purchase Lot No. 365/366 also known as Spark Guest House situated in Mansa district of Luapula Property, 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 31, 2017 in Lusaka possessed US$52,000 which was used to purchase 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.
ZWD comment: there is no doubt that corruption is at play here. The people at ACC must be ashamed of themselves. We can not blame magistrate Mwale when he acquits this thief because clearly there are no prosecutors in this matter. There are only people working for Chilufya from the ACC’s office. We dismayed but not shocked that the entire ACC agreed to go and embarrass themselves in court like this. But then, with money people don’t really care about being embarrassed. Shame on on you ACC.