12 November 2009
A ZAMBIA Police chief inspector yesterday told a Lusaka magistrate that an article published in the Post Newspapers' edition of August 27, 2009 was contemptuous and an assault on the judicial system.
Chief Inspector Desmond Mwanza said the article was contemptuous, prejudicial and sensational because Chief Resident Magistrate, Charles Kafunda had earlier warned media houses not to comment on the case involving Post Newspapers news editor Chansa Kabwela.
This is in a case in which Mr M'membe and the Post Newspapers are charged with one count of contempt of court contrary to Section 116 (d) (i) of the Penal Code of the Laws of Zambia.
Mr M'membe and the Post Newspapers are on August 27 alleged to have published an article talking about Ms Kabwela's case in which she is charged with circulating obscene materials.
Mr Mwanza said he understood the article as one which was tantamount to trying the matter in the media and not before the court.
He said in examination in chief by divisional prosecutions officer, Frank Mumbuna that the publication meant the case was not supposed to be in court because it had been dramatised in the article.
"The article meant to me that some institutions like the police service had a role in taking the Post Newspapers to court," he said.
He said the editors superintended on all publications and that the article by Professor Muna Ndulo was edited for it to be published.
In cross examination, he said Mr M'membe should be charged with contempt because even if when the student attendance list at the University of Zambia (UNZA) indicated that he was in class, the list was not signed by Mr M'membe.
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