Court refuses to cite UPND for contempt
By CHINTU MALAMBO
THE Lusaka High Court has dismissed an application in which Murder accused UPND Chilanga member of Parliament Keith Mukata had asked the court to summon online media allegedly run by the UPND media team over alleged malicious publication in the matter in which he and co-accused Charmaine Musonda are facing one count of murdering a security guard.
Mukata complained through his defence lawyer, Mr Milner Katolo that he had observed an article dated November 30, 2017 signed by the UPND media team in an online publication, the Zambian Observer bearing a screamer headline “We killed my guard together with Kampyongo.”
When the matter came up for ruling before High Court Judge Susan Wanjelani, the application was dismissed on grounds that Mukata did not give sufficient information to show who the UPND media team were or the address of the author of those articles.
Justice Wanjelani said the court had jurisdiction to punish individuals that prejudice proceeding of the court but declined to give a warrant to such individuals on the basis of insufficient infor- mation.
“In my view, defence has not given sufficient information and the court will not give an order to an individual whose address is unknown. I therefore decline to give orders sought and dismiss the application,” she said. Mukata and Musonda are accused of murdering Namakambwa Kalilakwenda, a security guard who had been on duty at AKM Legal Practitioners, the law firm belonging to Mr Mukata on May 6, 2017. It was alleged that the guard was shot dead at the law firm premises in Rhodes spark on Alex Masala Road.
Meanwhile fifth defence witness Thomas Wolmarans, Ballistics expert testified that Mr Mukata contacted him to do a scene reconstruction of the crime scene and that according to his findings, Kalilakwenda’s shooter was standing at a distance of not more than 1 meter from where Kalilakwenda was.
Mr Wolmarans told the court that the shooting was done downwards and that he Kalilakwenda must have been in a sitting position because the entry wound was on the right front part of the neck and the exit wound was on the right backside of the upper shoulder.
After the defence had closed its case, the Court set judgement for February 28th 2018.