LUSAKA HIGH COURT ALLOWS AN APPLICATION BY DEFENCE LAWYERS IN THE MURDER TRIAL INVOLVING INKTECK MANAGING TO HAVE ZAMBIAN WATCDOG CITED FOR CONTEMPT

THE LUSAKA HIGH COURT  HAS ALLOWED  AN APPLICATION  BY DEFENCE  LAWYERS  IN THE  MURDER TRIAL  INVOLVING INKTECK MANAGING DIRECTOR MATHEW MOHAN  AND OTHERS  TO  HAVE THE ZAMBIAN  WATCHDOG  ONLINE PUBLICATION  AND THE  AUTHOR  OF  THE ARTICLES IT PUBLISHED  COMMENTING ON ON-GOING PROCEEDINGS  BE CITED FOR CONTEMPT.

AND  SUPREME COURT  JUDGE GREGORY PHIRI  SITTING AS HIGH COURT JUDGE HAS  ORDERED  THE STATE THROUGH THE DIRECTOR OF PUBLIC  PROSECUTIONS  AND ALL  SECURITY WINGS AND  STATE SECURITY  APPARATUS INVOLVED IN  INFORMATION TECHNOLOGY, INCLUDING THE ZAMBIA  INFORMATION AND COMMUNICATION TECHNOLOGY AUTHORITY-ZICTA TO CARRY OUT  A THOROUGH  BUT QUICK INVESTIGATIONS  OF WHO  THE AUTHOR AND PUBLISHER OF THE TWO ARTICLES ARE SO THAT THEY FACE TRIAL  FOR CONTEMPT.

JUDGE PHIRI`S ORDER FOLLOWS  AN  APPLICATION BY DEFENCE LAWYER BONAVENTURE MUTALE URGING THE COURT  TO CITE  ALL THOSE  RESPONSIBLE FOR  THE ARTICLES COMPLAINED  OF FOR CONTEMPT.

HE SUBMITTED THAT  THE  TWO ARTICLES ARE NOT ONLY  LOWERING THE INTEGRITY OF THE COURTS OF LAW BUT ALSO PREJUDICIAL TO THE ON-GOING  PROCEEDINGS.

IN RESPONSE, THE STATE  TOLD THE COURT THAT HAVING PERUSED THROUGH THE DOCUMENTS COMPLAINED OF BY THE DEFENCE LAWYERS, ITS POSITION IS THAT IF THE AUTHOR AND THE PUBLISHER CAN BE IDENTIFIED , IT HAS NO OBJECTION  BECAUSE IT AGREES WITH THE CONCERNS RAISED BY THE DEFENCE.

AND  IN HIS RULING, JUDGE PHIRI TOLD THE COURT THAT THE TWO CONTEMPTUOUS ARTICLES HAVE BEEN PUBLISHED LONG AFTER HE WARNED JOURNALISTS  TO BE PROFESSIONAL IN THE  MANNER THEY COVER COURT PROCEEDINGS AND THE AUTHOR AND PUBLISHER OF THE ARTICLES  IN QUESTION DELIBERATELY  BREACHED THE ORDER THAT WAS ISSUED BY THE COURT.

JUSTICE PHIRI FURTHER DISCLOSED TO THE COURT THAT HE HAS SINCE CLOSED HIS OWN E-MAIL ADDRESS.

HE HAS  ORDERED THE POLICE  ENSURE THAT THOSE RESPONSIBLE FOR THE TWO ARTICLES COMPLAINED OF ARE  ARRESTED  AND BROUGHT BEFORE THE COURT FOR TRIAL.

THIS IS A MATTER IN WHICH MATHEW MOHAN, IDRIS AND SHABEER PATEL STAND CHARGED OF MURDERING CYCLONE HARDWARE LIMITED MANAGING DIRECTOR SAJID ITOWALA IN JULY 2010.

ENDS.

AUTHOR : BILLY KAZOKA