Maravi

Pictures didn’t arouse Kunda, says his aide

Pictures didn’t arouse Kunda, says his aide
Written by Mwala Kalaluka and George Chellah
Thursday, August 06, 2009 5:30:24 AM

VICE-President George Kunda's senior private secretary Kenneth Ngosa yesterday told the court that though the pictures of a woman giving birth outside the University Teaching Hospital (UTH) depicted a desperate situation, they did not arouse both himself and the Vice-President.

Testifying in the matter where Post news editor Chansa Kabwela is charged with the offence of circulating obscene matters or things, contrary to section 177 1(b) of the Penal Code of the laws of Zambia, Ngosa, 40, said when Vice-President Kunda was shown the photos, he expressed annoyance.

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.

Ngosa, who told the court that he had been Vice-President Kunda's senior private secretary for seven months, said his duty was to open and read letters addressed to the Vice-President.

Testifying before Lusaka chief resident magistrate Charles Kafunda, Ngosa said when he received the letter from The Post addressed to Vice-President Kunda on June 11, 2009, he signed for it.

Ngosa said he read the letter, which was on a Post headed paper and found that it contained three pictures.

"It was a complaint letter about the strike situation in government hospitals. The author wanted the Vice-President to influence the decision so that the strike come to an end," Ngosa told the packed courtroom during evidence-in-chief led by Lusaka division prosecutions officer Frank Mumbuna. "The photos were three and there was one photo that moved me. I was surprised to see that kind of a photo because I have never seen it before. It was showing a woman delivering a child. She was lying down with legs open and the child was out from the birth canal of the woman."

He said in the other picture, the woman was being assisted out of the vehicle while the third picture, though not very clear, showed the woman who was somehow naked.

Ngosa said after seeing the letter and the photos, he was hesitant to take them to Vice-President Kunda because he was not someone he usually joked with.

"I was at pain to present them to him looking at the way the other photo was. I thought I should just go and explain to him about the letter and the photos. I gave him other letters afterwards, I informed him about the letter and the photos from The Post," Ngosa said.

However, Ngosa testified that Vice-President Kunda demanded to be given the letter and the photos.

"I gave him and left the office. Afterwards he called me into the office... he said he was annoyed to see the other photo. He said that at his age he has never seen such kind of a photo. He was referring to the one where the woman was delivering the child. He kept the document and I do not know what happened," Ngosa said.

He explained that on June 12, 2009, he received another letter from the Non-Governmental Organisations Coordinating Council (NGOCC), which was copied to Vice-President Kunda.

Ngosa said the letter was sent to Kabwela by the NGOCC, complaining about the letter and photos that she sent to them.

Ngosa also confirmed receipt of a third letter authored by Kabwela to NGOCC chairperson Marian Munyinda in which she apologised for sending them the said photos.

Ngosa said he did not personally know Kabwela.

During cross-examination by defence lawyer, Remmy Mainza, Ngosa was at pains to explain why the letter that he allegedly said was sent by Kabwela to Vice-President Kunda was bearing a Ministry of Health date stamp and not that of the Office of the Vice-President.

Ngosa disagreed with the assertion that the letter in question was sent to the Ministry of Health before he received it.

"Who put Ministry of Health on the letter?" Mainza asked Ngosa, who responded: "When I received it I had taken it to him [Vice-President Kunda]. I do not know how he kept that letter. Maybe he took it somewhere else."

Mainza then asked Ngosa if he was suggesting that Vice-President Kunda had put the Ministry of Health stamp on the letter in contention but Ngosa replied in the negative.

Ngosa said the letter in question was never filed in the Office of the Vice-President.

Asked if the letter produced before the court was the one he received, Ngosa said the letter was similar to the one before the court but it did not have a Ministry of Health stamp and some writings at the bottom.

Ngosa said Kabwela wrote to Vice-President Kunda to bring to his attention the desperate situation in the hospitals at the time.

Ngosa shortly disagreed with Mainza when he asked him if Kabwela was wrong or in order to bring the desperate situation to the attention of the Vice-President, who was the acting President at the time.

"If the situation was not desperate would that lady have given birth on the floor?" Mainza asked Ngosa who answered: "I do not think his honour the Vice-President was going to sort out the issue because there are other ways of sorting out problems other than circulating pictures."

But Mainza said that was not his question.

Ngosa then admitted that the situation in the picture appeared desperate.

Ngosa said he understood the term obscene as pictures that showed the nakedness of a woman or a man.

"In simple terms that should be a picture that will arouse the interest of someone in doing something that is not right. Such as, when you are looking at the picture it shows the nakedness of a woman in full. It arouses me. What happens when someone sees the nakedness of a woman? We are all Africans; when you see the nakedness of a woman, what do you conclude?" he asked.

Further asked by Mainza if he was aroused when he saw the pictures on the material date, he responded in the negative.

Ngosa told the court during further cross-examination by defence lawyer George Chisanga that he became Vice-President Kunda's senior private secretary after attending a seminar.

"After attending a seminar you are competent to handle that office?" Chisanga asked Ngosa and he replied: "Yes."

Chisanga further asked him if the pictures aroused Vice-President Kunda when he sighted them.

"The Vice-President was very annoyed; in your vocabulary, is the word annoyed synonymous to the word arouse?" Chisanga asked Ngosa, who responded: "No."

Chisanga again asked Ngosa if Vice-President Kunda was aroused when he saw the photos and he said: "No. He did not say that."

Testifying in the same matter, another officer from the Office of the Vice-President inspector Chiwale Solochi said he received a letter from The Post addressed to the Vice-President from a Post driver by the name of Phiri.

Solochi said he screened the letter, entered it into the mail book and took it to Ngosa.

When asked by Mainza if he had seen the contents of the letter, Solochi said he did not.

The prosecution then asked for an adjournment to the next hearing date on grounds that the third witness was unwell.

Mumbuna said the witness had promised to avail herself before the court today.

Mumbuna said the state had lined up six witnesses and that they would wind up their case within the time specified by the court since they had dealt with two witnesses so far.

Magistrate Kafunda adjourned the matter to today.

Prominent among the people that attended yesterday's trial were veteran politician Simon Zukas, late UPND president Anderson Mazoka's wife Mutinta, women rights activist Sarah Longwe, Post columnist Roy Clarke, Law Association of Zambia (LAZ) president Stephen Lungu, SACCORD executive director Lee Habasonda, Zambia Civic Education Association (ZCEA) executive director Judith Mulenga, Zambia Women in Agriculture chairperson Cecilia Makota, representatives from the Press Association of Zambia (PAZA), Zambia Media Women Association (ZAMWA), MISA-Zambia, Press Freedom Committee of The Post (PfC) and the Zambia Union of Journalists (ZUJ).

Others were PF members of parliament who included Given Lubinda [Kabwata], Davis Mwila [Chipili], Guy Scott [Lusaka Central], Jean Kapata [Mandevu], Willie Nsanda [Chimwemwe] and UPND's Douglas Syakalima [Siavonga].

Local artistes such as press freedom activist Maiko Zulu, Ruff Kid, Owas Mwape and Wisborn also attended the trial. Some of the artists were clad in T-shirts bearing the words: "Zambian artists behind you Chansa Kabwela, labour is labour not pornography. Go on The Post, speak the truth."

And a large number of opposition PF and UPND cadres thronged the new magistrate complex grounds to show solidarity with Kabwela.

The cadres who came in the morning sang solidarity songs in praise of Kabwela and The Post.

When the matter was adjourned, Kabwela and her team had a tough time to get to their vehicles because almost everyone wanted to have a glimpse of her and shake her hand.

Kabwela, who was accompanied by Post managing editor Amos Malupenga, was later whisked away in Post legal counsel Sam Mujuda's vehicle before leaving the new magistrate complex premises amidst songs and dances from the cadres that camped outside during trial.

Labels: CHANSA KABWELA, GEORGE KUNDA, THE POST

posted by MrK @ 4:31 AM