Contrary to the rules of procedure, Chishimba Kabwili has not advanced any proof to substantiate his claim that I was detained for drug-related offences nor exibited transcripts, which state that I was part of a syndicate of drug dealers in Southern Africa, Lusaka businessman Harry Valden Findlay has told the Lusaka High Court.

And Findlay has stated that the defamatory statements of drug dealing uttered against him by Kambwili has caused him irreparable damage and injury to his reputation and the same cannot be redressed by way of damages.

In this matter, Findlay has sued the NDC leader in the Lusaka High Court for accusing him of being a drug dealer and using the Presidential jet to traffic drugs.

Findlay, who is seeking among other claims, damages for libel and slander and an order of injunction to restrain Kambwili by himself, servants or agents from uttering any defamatory remarks concerning him, lamented that his reputation and character as a renowned businessman has been damaged as he had been labeled a drug dealer and trafficker.

But in his defence, Kambwili stated that the words complained of were fair comments and were not actuated by malice, but for the information of the public.

“The words complained of are a fair comment and are statements of facts, which emanate from the reasonable observations of the defendant (Kambwili). The words complained of are true and not in any way malicious,” he stated.

Kambwili stated that it was true in substance and in fact that Findlay was once detained by the Zambian Law Enforcement Agencies for drug-related offences during the reign of first Republican President Dr Kenneth Kaunda.

“That it is true in substance and in fact that transcripts stemming from the cross-examination of Goswami, who is currently in detention in the United States where he and the notorious Akasha brothers were extradited from Kenya by the DEA to face charges for various drug-related crimes, vehicle theft and murder; stated that Findlay was part of the syndicate of drug dealers in Southern Africa,” he stated.

However, in an affidavit in reply to Kambwili’s affidavit in opposition to summons for an order of interlocutory injunction, Findlay stated that Kambwili had not adduced any proof or evidence to substantiate his claims that the words complained of were of fair comment and justified.

He further stated that Kambwili had not provided any proof or evidence to show that he was detained by the Zambian Law Enforcement Agencies for drug-related offences.

“That further to the foregoing, the defendant (Kambwili) has not, contrary to the rules of procedure, exhibited the said authenticated transcripts, which state that I was part of a syndicate of drug dealers in Southern Africa,” Findlay stated.

He further stated that Kambwili had not adduced any proof or evidence to substantiate his purported claim that the defamatory words uttered against him were of fair comment and justified.

Findlay stated that Kambwili made the statements maliciously knowing fully that the statements were false.

He complained that the said defamatory words were false and malicious, which had caused him irreparable damage and injury to his reputation as noted from the various comments in the various media publications and the same cannot be redressed by way of damages.