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Court dismisses M’membe, Kabimba application

Filed under: Latest News,Politics |
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File: Kabimba with M'membe

File: Kabimba with M’membe

THE Lusaka Magistrate’s Court has dismissed an application by The Post Newspapers Limited proprietor Fred M’membe and Rainbow Party president Wynter Kabimba to refer a constitution issue to the High Court, describing it as frivolous.

In this case, M’membe, Kabimba, and The Post Newspapers are jointly charged with contempt of court and publishing defamatory statements against former President Rupiah Banda, contrary to the Laws of Zambia.

Magistrate Kenneth Mulife, in his ruling delivered yesterday, said it was correct to ask the court to refer an issue to the High Court if the accused people were denied their rights to adequate time.

Mr Mulife dismissed the application, saying the defence had not indicated what they intended to do as there was no specific reference on the adjournment.

He noted that the grounds advanced by the defence were similar to an application which he had been dismissed earlier.

Mr Mulife said there was no need for an adjournment because the nature of the evidence provided by the witness would be anticipated by the defence. He said the defence was asking too much of the court by expecting it to guess what they intended to do.

“I find the application to be frivolous and vexatious as there is no merit in the application. The application is dismissed and trial will proceed,” Mr Mulife said.

And former deputy minister of Finance, Newton Ng’uni, told the court in cross-examination that he conducted an independent examination on the activities of the Director of Public Prosecutions because he believed them to be criminal.

Mr Ng’uni said he did not know the procedures that the DPP takes to enter a nolle prosequi, but he alleged that Mr Nchito abused his authority when he entered a nolle prosequi in the cases that he (Ng’uni) investigated.

“The DPP, according to my observations, engaged in activities prior and during his time in office that I considered to be criminal and it was unbecoming of a person holding such an office, so I had to get to the facts,” he said.

Meanwhile, Mr Mulife admonished people in the public gallery for making running commentaries as proceedings were going on.

“I intend to make it an open court. You are disturbing proceedings. Be mindful that you are determining people’s fate and if you conduct yourselves in this manner, you delay the proceedings further. Let this conduct stop,” he said.

Source: Zambia Daily Mail

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