Maravi

Kabwela’s pornography trial kicks off

Kabwela’s pornography trial kicks off
Written by Joseph Mwenda
Thursday, August 06, 2009 5:27:47 AM

THE TRIAL of Post news editor Chansa Kabwela, charged with one count of circulating obscene material, has commenced with the state prosecutor complaining about comments by Reporters sans Frontiers carried by the newspaper describing the charges as bogus.

And defence lawyer George Chisanga has also asked the Lusaka magistrate’s court to take judicial notice of the fact that President Rupiah Banda’s directive to arrest and prosecute Kabwela was a development which would influence the course of justice.

Meanwhile the state called his their first witness, Kenneth Ngosa, a senior private secretary to the Vice President who told the court he received a letter signed by Kabwela which has three disturbing pictures of a woman giving birth.

Making the submission as a preliminary matter before the commencement of trial this morning Lusaka Division Public Prosecutor, Frank Mumbuna said The Post had committed contempt by publishing an opinion from Reporters without borders on the matter which was already in court.

Mumbuna submitted before chief resident magistrate Charles Kafunda that the story published on the front page of The Post dated July 14, 2009 was tantamount to contempt of court.

He said the article was also capable of swaying the opinion of the court and judgment on the accused, thereafter.

However, Mumbuna told the court that the state would not move to press for contempt charges against The Post but sought the court’s protection against any further comment on court proceedings.

And Chansa’s defence which is led by Lusaka lawyers George Chisanga, Sam Mujuda and Chileshe Kaoma, observed that the article in question bordered on freedom of expression and that the court’s decision on the matter could not be influenced otherwise.

Chisanga further stated that while his team had been ambushed by the submission they had also observed that the state owned and government controlled Times of Zambia of today (August 5, 2009) had published a letter written by Kabwela to the Non Governmental Organisations Coordinating Conference.

He felt the publication of the letter could have an adverse bearing on the court proceedings.

Chisanga further called on the state to take cognizance of the fact that President Banda’s personal directive to arrest and prosecute Kabwela had raised the same excitement and interest in the matter as seen by the many people in the court gallery.

He said the interest in the matter had even gone beyond Zambia’s borders.

Magistrate Kafunda has reserved ruling over the matter to tomorrow when the trial continues.

Meanwhile, Ngosa, who named as one of his duties receiving of the Vice-President’s mail said he received a Kabwela’s letter and was immediately disturbed by the pictures he found inside the letter.

He said he had difficulties handing over the letter and pictures to the Vice-President George Kunda but after alerting him about the contents, he asked to be given the pictures.

He said the Vice-President Kunda later called him to his office and expressed his annoyance over the kind of pictures he said he had never seen in his life.

And a large number of people from all works of life including musicians and opposition political party members gathered at the Lusaka Magistrates court complex to give solidarity to Kabwela and The Post.

The courtroom was packed to capacity with a large number of people standing with no where to sit.

Others who could not get into the court grounds were filled with a huge crowd of members of the public with placards.

Some of the placards read: “Leave The Post, Chansa alone,” “ We are returning to the stone age” while some artistes’ wore tee shirts with the message “Zambian artistes are with you Chansa Kabwela, labour is labour not pornography,” “Go on The Post Speak the Truth.”

Labels: CHANSA KABWELA, COURTS, THE POST

posted by MrK @ 4:28 AM