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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 out of time against the 2021 acquittal of former Health Minister Dr. Chitalu Chilufya and eight others in the Honeybee drug scandal.
Dr. Chilufya, former Ministry of Health Permanent Secretary Mulalelo Kakulubelwa, Wilson Lungu, Bonaventure Chilinde, and Honeybee Pharmacy directors Imran Lunat, Zakir Hussain Motala, and Abdurrahim Motala were acquitted by a lower court on January 26, 2021, on multiple corruption-related charges.
The charges stemmed from the controversial procurement and distribution of defective medical kits worth over US$17 million.
In his application, Phiri argued that the trial court erred in law by acquitting the accused before pleas were taken on all six counts and without the necessary prosecutorial consent.
“The learned trial court erred in law by acquitting the respondents in the absence of sufficient grounds permitting the complainant to withdraw the complaint,” the DPP stated.
The accused had faced charges including willful failure to follow procurement procedures, unlawful acquisition of a pharmaceutical license, and dealing in substandard and misbranded medicines.
Additional charges involved forgery and uttering false documents under the Penal Code and the Medicines and Allied Substances Act.
Phiri cited legal challenges launched by the accused in both the High Court and the Court of Appeal as the reason for the delayed appeal.
“This delay was not deliberate,” he said, adding “It arose from multiple proceedings initiated by the respondents, which only recently concluded.”
He emphasized that the State’s application had a strong prospect of success and would not prejudice the respondents.
“It is in the interest of justice that this matter be re-examined,” Phiri added.
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