Lawyers representing Second Republican President Frederick Chiluba’s spokesperson Emmanuel Mwamba have asked the high court in the matter in which he is facing contempt of court charges to acquit and set him free.
This is the case in which Mwamba is alleged to have authored two documents deemed contemptuous as they were analyzing evidence of murder suspect Mathew Mohan.
Mwamba denies that he is the author or publisher of the said documents.
Simeza, Sangwa and Associates have submitted that the procedure adopted in the case is a novel and without any foundation at law.
Making their submissions yesterday, the lawyers say it is a violation of the Constitution hence it will be unsafe to find Mwamba guilty under the circumstances.
They added that the nature of the contempt involved in this case is known as contempt by publication as it emanates from the anonymous articles, which were published, as the order of the Court reads “by the Zambia Watchdog on the internet on 22nd October 2010, and 2nd November”.
They noted that for one to be convicted for such type of contempt, the prosecuting authority must prove the actus reus and the mens rea.
The lawyers state that the facts of the case are largely not in dispute adding that the proceedings were triggered by first prosecution witness Amos Malupenga.
They submitted that Malupenga was upset by the article headlined: “Mathew Mohan: Has his Testimony Damaged the Judiciary: A Murder case that threatens the judicial system”, an article published on the Zambia Watchdog website and which he read on 27 October 2010.
The lawyers stated that Malupenga immediately called the accused and accused him of being the author of the article.
They claimed that Malupenga was enraged because the article linked the Post newspaper to the Mohan case.
Mwamba’s lawyers further submit that Malupenga made it clear to the accused that he was going to expose him.
[ QFM ]
zero convict junior lazo
We all know he will soon be acquited.All the high profile criminals are now walking the streets of Lusaka.Don chichi will use his international tactics to see to it that he is acquited.
a waste of judiary time amos malupenga pliz fight your wars at finance bank and national airport were you owe hugemounts of cash thanks to president magande when he was finance minister
illiterate shazza its not malupenga who has issues ku FBZ and National airports but Post Newspaper proprietor FRED M’MEMBE. get ur facts ryt
Democracy at its highest level in Zed
convicted mwamba…kwasila..
Balapila ba Post.When they write contemptious articles,ati they are not guilty and its polical ,mwaamba writes such ,then they sell him off.mulapile
He MAY have authored the articles – but is there proof? If it wont be proved beyond reasonable doubt, if the judge will have an element of doubt in his head…the guy will justly be set free! And that is what is rightly called justice.
#4 one zambia one nation you economic slave must know that mmembes woes are equally malupengas. if mmembe goes under so will his cholaboy malupenga
Another Loss to Fleddie and his little paper the PF vuvuzela..I pity Amos from hero to zero in a poof…Mwamba did nothing wrong….but at least he now knows his enemies.