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Post journalist testifies in MMD cadre’s case

Post journalist testifies in MMD cadre’s case
Written by Maluba Jere
Friday, September 18, 2009 5:24:30 PM

POST journalist Chibaula Silwamba yesterday testified in the Lusaka magistrates' court in a matter where MMD Lusaka youth chairman Chris Chalwe is alleged to have assaulted him together with Times of Zambia senior reporter Anthony Mulowa.

When the matter came up before magistrate David Simusamba, state prosecutor Pepulani Mbewe told the court that although two private prosecutors had written to the Director of Public Prosecutions (DPP) asking to be joined to the proceedings, the response was still not known. However, Mbewe said the state would proceed with trial.

Chalwe, 42, is facing two counts of assault occasioning actual bodily harm contrary to Section 248 of the Penal Code Chapter 87 of the Laws of Zambia.

In count one, Chalwe is alleged to have assaulted Silwamba.

Particulars of the offence are that Chalwe on July 29, 2009 in Lusaka assaulted Silwamba, thereby occasioning him actual bodily harm.

In count two, Chalwe is accused of having assaulted Mulowa.

Facts before court are that Chalwe on July 29 in Lusaka District did assault Mulowa, thereby occasioning him bodily harm. Chalwe pleaded not guilty to both counts.

When the matter came up for commencement of trial, Silwamba, the first witness, told the court that on July 29 this year he was assigned to cover President Rupiah Banda's arrival at the airport on his return from Uganda where he had gone to attend the Smart Partnership Dialogue.

He told the court that while awaiting the President's arrival, he was beckoned by Chalwe who was with other MMD officials and asked him if he was from The Post.

Silwamba narrated that Chalwe told him that he knew that he [Silwamba] was from The Post and when he responded in the affirmative, Chalwe charged at him and grabbed him with his right hand and started dragging him.

"At that point, he told his colleagues to help him drag me out of the airport because they did not want journalists from The Post to cover President Banda's arrival," he said. "His colleagues did not touch me but followed behind as I was being dragged. After dragging me for about five metres, I pleaded with him saying ‘since ‘you don't want me to cover the President, I'll leave this place but please allow me’, since I didn't know where he was taking me, ‘to use the gate we usually use when we are at the airport to cover presidential assignments'."

Silwamba explained that at that point, Chalwe raised his voice and slapped him heavily on his left cheek.

He said the slap was extremely painful.

He said after being slapped, he called out for help to Lusaka Province commanding officer Greenwell Ng'uni who he said was within the airport but that Ng'uni did not respond and instead looked the other direction.

"Immediately, Chalwe slapped me again on the right cheek and it was very painful. From the look of things, the police officers were not coming forward to rescue me and Chalwe continued dragging me," Silwamba said. "...As he was dragging me, his colleagues were coming and two plain-clothes policemen came and pleaded with Mr Chalwe saying since I had accepted to leave the premises, they told Mr Chalwe saying ‘boss please allow him to walk on his own and where you are taking him, there are so many people and it will be very embarrassing for him'."

Silwamba testified that when the police officers advised Chalwe to leave him alone, he told them that he was above the police and continued dragging him.

He said after reaching the main lounge past the security checkpoint, Chalwe let go of Silwamba but warned him sternly saying "you should not come here again and tell [Post photojournalist] Collins [Phiri] also. If we see you here again, if I see you coming back, I will command my boys to beat you, we will kill you."

Silwamba told the court that he was traumatised after the incident with Chalwe and that he was then advised by the police to go to the police post within the airport.

He testified that a group of police officers, after learning that he was from The Post, advised him to leave saying the situation was volatile and that they could not assure him of security.

Silwamba told the court that he later went and reported the matter to Lusaka Central Police where he was issued with a medical report.

Silwamba said after the medical report was issued, he went to Kamwala clinic where he was examined and given some medication but that he was asked to return the following day to have the report stamped.

Another witness, Mulowa narrated how a group of MMD members approached him and other journalists at the airport and demanded for their press passes.

He told the court that he refused to show the cadres his press pass because he was not obliged to do that especially that he had already been screened when entering the airport.

Mulowa said he declined to produce his press pass when asked to do so by Chalwe because he was not a competent authority to ask for it.

He told the court that when he refused, he was punched on the left side of his abdomen by Chalwe.

"I was in a state of shock and pain and I immediately pulled out my press pass and gave it to him. I was shocked... I obliged to his demands and also to save my life," Mulowa said.

He explained that he produced a press pass issued in his name by the National Assembly and that after looking at it, Chalwe asked him why he refused to produce it earlier.

Mulowa told the court that when President Banda arrived at the airport, he indicated to him that he was beaten.

He told the court that later that day, he went and reported the matter to the officer-in-charge at Lusaka Central Police who authorised police officers to give him a medical report and go to any government clinic or hospital.

Mulowa added that by the time the report was issued, most clinics were closed and he went to University Teaching Hospital (UTH) where he was examined and given some pain killers.

The matter continues.

Labels: ANTHONY MULOWA, CADRES, CHIBAULA SILWAMBA, CHRIS CHALWE, COURTS, PEPULANI MBEWE, THE POST

posted by MrK @ 4:24 PM