Maravi

Times faces contempt proceedings

Times faces contempt proceedings
By Mwala Kalaluka
Fri 30 Dec. 2011, 13:30 CAT

THE Lusaka magistrates' court has instituted contempt proceedings against Times of Zambia after Maxwell Mwale complained that the newspaper fabricated evidence from his trial.

But the Lusaka magistrates' court has dismissed Mwale's application that issues relating to the State's fresh investigations against him in the midst of trial be referred to the High Court.

This is a matter where former mines minister and current Malambo MMD member of parliament, Mwale, is charged with the offence of failing to account for 261 bicycles reasonably suspected to have been stolen.

When the matter came up for continued trial on Wednesday, Mwale's lawyers applied that Times of Zambia be excluded from the proceedings in view of its news article on the previous day's proceedings, saying it was a misrepresentation of facts.

Subsequently, Lusaka chief resident magistrate Joshua Banda summoned Times of Zambia managing director Godfrey Malama and the reporter involved to appear before him to explain themselves.

When Malama, 57, and senior reporter Delphine Hampande, appeared before him yesterday morning, magistrate Banda said the story was said to be prejudicial and did not represent what was said by the two witnesses.

Malama said he sanctioned the publication of the story Mwale's advocate, Sakwiba Sikota, had complained of.

"The article was published in Times of Zambia," Malama said.

"The onus of ensuring the information in any article is correct, that should be the onus of the author of the article, although the editor-in-chief sanctions the same."

Malama said it was Times of Zambia's common practice of not by-lining their news stories and that the omission of the reporter's name from the article in question was not therefore exceptional.

Hampande said the story she tendered was accurate and that it was edited after passing through the relevant channels.

In his ruling, magistrate Banda said in light of the statements from Malama and Hampande, he would institute contempt proceedings against Times of Zambia.

"Formal summons shall be accordingly served on the concerned officers to answer to why they should not be cited for contempt over the article in question," magistrate Banda said.

The matter was then adjourned to January 10, 2012 for hearing.

But magistrate Banda dismissed the defence's application that the issue of fresh investigations against Mwale by the security agencies when he was already before the court be referred to the High Court for determination.

In his application, Sikota said only the High Court would determine the questions whether it was right for the state to continue investigating Mwale when he was being tried, among other issues.

"I don't think that the issues raised by State Counsel Sikota warrant being referred to the High Court," said magistrate Banda. "The application to that extent collapses."

Meanwhile, a witness testified in the Lusaka magistrates' court yesterday how MMD deputy national secretary Chembe Nyangu instructed him to collect 20 bicycles from Mwale's Makeni home.

This is in a case where Mwale is appearing before magistrate Banda, charged with one count of failing to account for bicycles reasonably suspected to have been stolen.

Conference Miyoba, a driver working for the MMD secretariat, testified during continued trial yesterday that he collected 20 bicycles from Mwale's Makeni home on the evening of October 17, 2011 at Nyangu's behest.

He said he delivered the bicycles at the MMD secretariat but that on his way back to collect 16 more bicycles the next day, he was intercepted by police officers who brutalised him whilst asking where he got the bicycles from.

Miyoba said one of the officers threatened to kill him but that one Lozi officer saved him from further beatings.

In cross-examination, Miyoba said the security officers did not have a search warrant when they blocked him at the Makeni-Chawama junction and neither did they have one when they searched a container at Mwale's house.

But in re-examination, Miyoba said he did not know where Mwale got the bicycles from.

And when the prosecution applied for an adjournment of the matter, Sikota said the request confirmed that the state had not been ready for the trial all along.

"In spite of what we stated yesterday Wednesday, my client was being asked how the bicycles were cleared," Sikota said.

He said he was involved in the election petitions before the High Court and that the Chief Justice had said the petition cases should be given precedence.

However, the prosecution said they were only remaining with two witnesses and they would be able to close their case at the next sitting.

They added that no investigations were being conducted in relation to the charge already before the court.

The matter was then adjourned to tomorrow, December 31 for continued hearing.

Labels: MAXWELL MWALE, THE TIMES

posted by MrK @ 5:25 PM