The state has entered a nolle prosequi in the case in which Post Newspapers Editor in Chief Fred M’membe and Reporter Mukosha Funga are charged with the case of publishing classified documents.
Particulars of the matter were that on 17th April 2015, M’membe and Funga while jointly and acting together published a letter by Anti-corruption commission (ACC) Director General Rosewin Wandi to President Edgar Lungu informing him that ACC wanted to commence investigations on his political advisor Kaizer Zulu.
But when the matter came up this morning, State advocate Patrick Mutale said the nolle prosequi is the appropriate course to take at this age and does not mean there is a lack of evidence to proceed with the matter.
He argued that the charges the duo is facing is serious and is in contravention of Section 5 of the State Security Act.
He said the decision was also meant to dispel insinuations that M’membe and Funga were been persecuted.
But defence counsel Nchima Nchito said the state entered into a nolle prosequi because it has no evidence against his clients.
He said it is unfortunate that state has entered a nolle after subjecting his clients to spending a night in police cells.
Judge Sikazwe warned the duo that they are being discharged and not acquitted which means that they can be re-arrested any time.