Court delays kabimba, M’membe defence

THE case in which Rainbow Party leader Wynter Kabimba and Post Newspaper editor-in-chief Fred M’membe are facing charges of contempt of court and publishing defamatory statements against former President Rupiah Banda has been adjourned due to the absence of the trial court.

Kabimba and M’membe are jointly charged with criminal libel and contempt of court in relation to a published article concerning Mr Banda.

The accused were expected to open their defence in relation to the subject offence.

The article was entitled ‘‘Lungu is framing Nchito to cover Rupiah’s criminality – Kabimba’’, and was published in the Post Newspaper of February 13 last year.

This was after the prosecution established a prima facie case against Kabimba and M’membe.

Kabimba and M’membe had told Principal Residence Magistrate Kenneth Mulife said they would give their evidence on oath and bring witnesses.

Meanwhile, in another court, a 35-year-old man of Lusaka’s Matero township who was arrested by the Drug Enforcement Commission (DEC) for being in possession of a K100 counterfeit note has denied the charge.

Mathews Mulenga said in court that he understood the charge and accepted being in possession of the fake note but denied being the owner.

He told court that after the officers found the K100 note in his car he told them that it was not his and offered to lead the officers to the owner but they refused.

But according to the facts on record, the arresting officer told court that while on duty in Emmasdale he received information that a man driving an Altezzer was in possession of counterfeit notes.

He said after he went to conduct a search in the car he found a K100 counterfeit note and decided to apprehend Mulenga for the subject offence. He told court that under a warn and caution statement, Mulenga gave a free and voluntary statement admitting the charge.

The matter was adjourned to December 18.