Post Newspaper news editor, Chansa Kabwela, has pleaded not guilty to the charge of circulating obscene pictures aimed at corrupting the morals of society, an act contrary to section 177 (1b) of the penal code..
Ms. Kabwela, who faces one count of circulating obscene materials, today appeared before Chief Resident Magistrate (CRM) Charles Kafunda for plea in the Lusaka Magistrate Court following her arrest yesterday.
She is alleged to have, between 1st June 2009 and 10th June 2009, circulated two pictures with intention to corrupt the morals of society.
“Particulars of the offence are that you, Chansa Kabwela Kangwa, between 1st June 2009 and 10th June 2009, did circulate two obscene photographs with intention to corrupt public morals,” magistrate Kafunda read the charge.
Ms. Kabwela 29, who gave her particulars as a journalist who resides at plot 10787, Mulungushi Road in Lusaka’s Roma residential area, denied the charge.
Section 177 1(b), Cap 87 of the penal code says; “Any person who-(b) imports, conveys or exports, or causes to be imported, conveyed or exported, any such matters or things, or in any manner whatsoever puts any of them in circulation is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen thousand penalty units nor more than seventy five thousand penalty units”.
Plea was delayed for over 30 minutes after her defence team, which comprises lawyers George Chisanga, Sam Mujuda, Lemmy Mainza and Chileshe Kaoma, argued that there was some inconsistence between the letter of consent from the Director of Public Prosecution (DPP) and the indictment.
Mr. Chisanga said the letter of consent stated that the offences were committed on or about 10th June while the indictment indicated that the offence was committed between 1st and 10th June 2009.
He said there should be specificity on the dates in which the offence was allegedly committed, adding that the accused had the right to know the specific period.
Mr. Mainza submitted that one of the two documents was defective and therefore they did not mean the same thing.
However, the prosecution team lead by Anderson Chibulyani, maintained that both the indictment and the DPP’s letter of consent were clear.
Magistrate Kafunda stood down the matter for ten minutes, which turned out to be over 30 minutes.
In his ruling, Magistrate Kafunda said he had considered the wording ‘on or about’ used in the letter of consent and concluded that it encompassed the period between 1st and 10th June.
He explained that the differences in the wording would not have any effect on the trial, noting that the letter of consent was only giving authority to the prosecution to go ahead with the case.
He therefore ruled that plea goes ahead.
The court has since adjourned the matter and set 5th August 2009 for commencement of trial. Trial would continue on 6th and 24th August, and 8th September, 2009.
Ms. Kabwela, who looked calm and composed, was accompanied to court by Post Newspaper Managing Editor, Amos Malupenga and other workmates.
Opposition Heritage Party president, Godfrey Miyanda, Patriotic Front vice president, Guy Scott and some members of parliament, were among the scores of people that were in court to listen to the case.
A number of journalists were also present.
Ms. Kabwela was arrested yesterday, a fortnight after police recorded a warn and caution statement on allegations that she circulated pictures of a woman giving birth. She is on police bond.
The Post Newspaper has explained that the pictures, which were sent to Vice President George Kunda, Secretary to Cabinet, Joshua Kanganja, Minister of Health Kapembwa Simbao, Women for Change (WfC), Non-Governmental Organisation Coordinating Council (NGOCC) and Lusaka Archbishop, were meant to move government to take quick action on the nurses’ and other medical personnel’s’ strike.
ZANIS