Maravi

Prosecution in Kabwela’s case complain against The Post

Prosecution in Kabwela’s case complain against The Post
Written by Mwala Kalaluka
Thursday, August 06, 2009 5:29:09 AM

THE Post has been accused of engaging in 'shadowboxing' over the manner in which they are reporting on Post news editor Chansa Kabwela's case.

When the matter came up for commencement of trial before Lusaka chief resident magistrate Charles Kafunda yesterday, the prosecution through Lusaka division prosecution officer Frank Mumbuna raised a complaint against some sections of the media, particularly The Post, over the comments that had been made over Kabwela's case.

"We make our complaint in the interest of justice following the comments that have been perpetrated by the section of the media after plea had been taken by the accused person before this court," Mumbuna said. "There have been some comments in the section of the media, particularly The Post newspaper, which comments have been viewed by the state as being sensational, prejudicial to these proceedings."

Mumbuna said the state was in possession of a copy of The Post newspaper dated July 17, 2009.

"At the front page there is an editorial comment from people that call themselves Reporters Without Borders. In the comment, your worship, there are calls that the accused person has been charged on bogus charges," Mumbuna said before reading excerpts of the article in question. "They went further to indicate that Reporters Without Borders have expressed shock at Kabwela's charges."

Mumbuna said the state viewed such comments as being capable of influencing the final outcome of the case.

"It is clear that no evidence has been laid so far for anyone to indicate that the charges that have been slapped against the accused person are bogus or to assume the authority of this court," Mumbuna said. "Here we submit that the separation of powers must be discharged. While the Legislature makes laws, it is the duty of the Executive to enforce such laws."

He said it was the duty of the Judiciary to interpret that law.

Mumbuna said the state was alive to the provisions of section 116 of the Penal Code regarding matters of contempt but that the state did not want to move the court in that path.

Mumbuna, who sought the court's protection, also referred to a letter entitled "Kabwela's persecution" that appeared in The Post on July 27, 2009.

"The state views that as shadowboxing," Mumbuna said before appealing to magistrate Kafunda to make an order on the matter.

But defence lawyer George Chisanga said he was thankful to the state for not having moved any contempt proceedings over the published matter, because none amounted to that.

"The court is prayed to take judicial notice of the manner in which the matter before you was brought and it was common ground, your honour, that the Executive while responsible, as rightly argued by the PP, for enforcing the law received a direct instruction from the Republican President during a press conference to make sure that the accused person who stands trial before this court today is arrested, charged and tried before this honourable court," Chisanga said. "It is submitted that such a directive has a deep potential to cause the kind of excitement that surrounds the matter that is being tried before you."

Chisanga said equally the defence had been itching to make a similar complaint before the court regarding some comments from some MMD party members over the case published in some sections of the government-run media.

He said the MMD officials called for a speedy arrest and prosecution of Kabwela.

However, Chisanga said they did not raise the complaint because they were confident that people expressing opinion could not sway the court.

Chisanga said the state which possessed the character of a Goliath could not come to court and seek protection against Kabwela, who personifies a David in the trial.

He said the case was a matter of public interest as seen from the number of people that had filled the public gallery to follow the proceedings.

"What is going on in this case supercedes the right of the state for protection before this court," he said. "At the centre of the trial is a component of freedom of the press."

He said any gagging order on the court proceedings would injure the constitutional right of the citizenry.

In response, Mumbuna said Chisanga had lamentably failed to substantiate any legal arguments and that freedom of expression was not absolute.

Mumbuna said President Rupiah Banda commented on the said photos before Kabwela was arrested.

Magistrate Kafunda reserved ruling on the complaint to today because the issues he had to address were detailed.

Labels: CHANSA KABWELA, THE POST

posted by MrK @ 4:29 AM