RAINBOW Party leader Wynter Kabimba and Post Newspapers owner Fred M’membe will know their fate of whether they have a case to answer on October 20 this year in the matter in which former president Rupiah Banda has dragged the duo to court for contempt of court.
Former president Banda had asked the Lusaka Magistrates Court to commence criminal proceedings against Mr Kabimba and Mr M’membe and the Post Newspaper for contemptuously commenting on his cases which were before the courts of law.
The prosecution team comprising Sakwiba Sikota, Makebi Zulu, Keith Mweemba and Gilbert Phiri called four witnesses.
In a letter dated February 16, 2015 by former president Banda’s legal team from Makebi Zulu Advocates, the former Head of State was angered by an article in the Post Newspapers of February 13 2015 titled ‘Lungu Govt is framing Nchito to cover Rupiah’s criminality’ which quoted Mr. Kabimba.
Former president Banda’s lawyers said the words in the article in their ordinary meaning meant that Mr Banda was a criminal and in wishing to cover up his criminality, he had hired Mr Ng’uni to settle perceived scores against Mr Nchito
The comment, according to Mr Banda complained accused him of being a criminal and yet no court had convicted him of such and that the intention was to prejudice the matter before the court of law.
The prosecution had called in four witnesses during the trial.
At the last sitting on June 30, a finger print expert from the Zambia Police Service testified that former President Banda was not a criminal and had never been convicted of any criminal offence by the courts of law.
Charles Zyambo, a finger print expert said the police service had proved beyond any reasonable doubt through advanced technology that the former president did not have any criminal record in the service data of criminal records.
When the matter came up yesterday for trial, prosecutor Keith Mweemba informed Lusaka Magistrate Kenneth Mulife that the state had closed its case. The matter has since been adjourned to October 20, 2015 for ruling on whether the accused have a case or not.
Magistrate Mulife asked both the State and the prosecution team to file written submissions to court before October 20 this year.