17 November 2009
A LUSAKA magistrates' court yesterday acquitted The Post newspapers news editor, Chansa Kabwela on charges of circulating obscene materials after finding her with no case to answer.
Chief resident magistrate, Charles Kafunda said when the matter came up for ruling on whether Kabwela should be found with a case to answer or not that there was no evidence to show the said pictures were able to corrupt morals.
This was in a case in which Kabwela pleaded not guilty to one count of circulating obscene materials contrary to section 177 1(b) cap 87 of the Penal Code.
It is alleged that between June 1 and 10, 2009, Kabwela circulated two obscene photographs tending to corrupt morals of the public contrary to Section 177 of the Penal Code.
"The prosecution evidence failed to establish a prima facie element of obscenity. It would, therefore, be prejudicial for this court to put the accused on her defence.
"I, therefore, dismiss the case and acquit the accused person accordingly. The State has the right to appeal against this ruling," Mr Kafunda said.
Mr Kafunda said all the witnesses who testified in the matter said the pictures had been shocking, disgusting and of not being accepted in the Zambian society but he did not find evidence of the photographs tending to corrupt people's morals.
He said he had taken recourse of the photographs in question and sympathised with the witnesses who testified during the trial.
The chief resident magistrate said photographs were meant to address issues of nature during the strike action by health workers.
Kabwela's lawyer, Remmy Mainza told journalists after the ruling that he did not know the motive of taking the matter to court because it was clear the prosecution did not have a case to take to the court.
Mr Mainza said he was confident even during trial that Kabwela would win the case.
When contacted for a comment, divisional prosecutions officer (DPO), Frank Mumbuna said it would be too early for the State to comment on the appeal against the court's ruling.
Mr Mumbuna, who was the lead prosecutor, said the State would have to consult before it could make a decision on whether to appeal against Mr Kafunda's ruling.
The smiling Kabwela told journalists outside the courtroom that she could not rule out the possibility of political influence on the matter because there was nothing obscenity about the pictures.
Kabwela said her letter to Vice-President, George Kunda was to remind the people in authority how serious the strike action by the health workers had been.
"I could not imagine how someone could look at those pictures as pornographic because there was nothing pornographic about those pictures. I am really very happy because I knew I did not do anything wrong," she said.
Asked how she felt about the ruling, Kabwela said victory was for the people who suffered during the strike action by health workers in the country.
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