Kabwela's 'obscenity' trial to start tomorrow

Kabwela's 'obscenity' trial to start tomorrow
Written by Mwala Kalaluka
Tuesday, August 04, 2009 3:14:54 PM

THE case where Post news editor Chansa Kabwela faces one count of circulating obscene matters or things tending to corrupt public morals comes before Lusaka chief resident magistrate Charles Kafunda tomorrow. The hearing marks the commencement of trial in the matter.

At the last court appearance last month, Kabwela, 29, pleaded not guilty to one count of circulating obscene matters or things, contrary to section 177 1(b) of the Penal Code of the Laws of Zambia.

Particulars of the offence were that Kabwela, between June 1 and 10, 2009 in Lusaka did circulate two obscene photographs tending to corrupt public morals.

The court entered a plea of not guilty in respect of the charge following Kabwela's plea.

Lusaka deputy division prosecutor, Anderson Simbuliani is representing the state in the matter, while Kabwela's defence counsels include Remmy Mainza, George Chisanga, Chileshe Kaoma and Sam Mujuda.

Chisanga had asked the court to ask the state to revise the indictment because there was a difference in wording in the consent letter from the DPP's chambers, it was notably devoid of specificity.

Chisanga said the accused person had a right to exactly know what was being alleged against her.

Mainza also submitted that the consent and the indictment appeared to be inconsistent.

Simbuliani insisted that the indictment before the court was framed within the confines of the law and that it was almost the same with the wording on the consent to prosecute.

Kafunda, in his ruling later, said he did not see how the differences in the wording on the consent and the indictment could affect the operation of the consent to render authority to prosecute the matter.

Kafunda said this was a matter to be settled by evidence since both the defence and the court was not privy to the type of the evidence that would be adduced by the prosecution.

"Hence the need to wait," said Kafunda.
Media bodies, civil society organizations and politicians have pledged to provide moral support to Kabwela at today's and subsequent hearings.