GRACE CHAILE
FORMER Ministry of Health Chief Procurement Officer, Wilson Lungu, has opposed the State’s application to challenge his acquittal in the Honey Bee drug scandal, citing that the application is improperly before the court and hopelessly out of time.
Mr Lungu was acquitted in January 2021, along with eight others, including former Minister of Health Dr. Chitalu Chilufya and three Honey Bee directors: Imran Lunat, Zakir Hussain Motala, and Abdurrahim Motala on charges ranging from willful failure to follow procurement procedures to forgery and uttering false documents.
The State, through the Director of Public Prosecutions (DPP), Gilbert Phiri , has applied to the Economic and Financial Crimes Division of the High Court for leave to appeal the acquittal out of time, four years after the initial ruling.
However, Mr Lungu has filed an opposition to the application, arguing that the court lacks jurisdiction to entertain the appeal and that the application is hopelessly out of time.
According to Mr Lungu, the DPP’s right to appeal is provided for under Section 321A of the Criminal Procedure Code, which prescribes a period of 14 days from the decision of the subordinate court.
In this case, the decision was made in January 2021, and the time period for appeal has long expired.
Mr Lungu also argud contended argued that the delay of over four years would significantly impair his ability to mount a defense, as witnesses may not be traceable, and their memories may fade with time.
He also contended that the State’s application is an attempt to circumvent the acquittal, as the DPP had previously tried to charge him with the same offense after his acquittal.
The court had previously ruled that Mr Lungu could not be charged with the same offense again, as it would be a violation of his constitutional rights.
Mr Lungu’s lawyer argued that the State’s application is a clear abuse of the court process and an attempt to harass and intimidate their client.
It was alleged that they conspired to defraud government of over US$17 million in connection with the supply of 22,500 health center kits by Honeybee Pharmacy.
The DPP’s appeal argued that the magistrate erred in law when acquitting the eight before taking plea in all six counts, and that the acquittal was done without sufficient grounds permitting the complainant to withdraw the complaint.
