On 10 November 2010, the Lusaka High Court ordered the arrest of Zambia Watchdog editor and an author of two articles which appeared on the online publication.According to a media report monitored by MISA Zambia in the Zambia Daily Mail newspapers of 11 November 2010, Judge Gregory Phiri ordered a quick and thorough investigation to identify the author and publisher of an articles thathe described as contemptuous and scandalous, which have been circulating on Zambian Watchdog about the Mathew Mohan murder trial.
This follows an application by lawyers representing Mohan, Bonaventure Mutale and Likando Kalaluka who asked the court to cite the author and editor of an online publication, Zambian Watch-dog, for contempt of court for circulating what they termed to be not only scandalous but also totally prejudicial to the proceedings.
Ruling on the application, judge Phiri granted the application saying it was serious contempt of his court.
He ordered that the state through the Director of Public Prosecutions (DPP) as prosecutors, all security wings and security operators involved in information technology including Zambia Information Communications Technology Authority (ZICTA) to investigate the matter.
Once these people are identified, the police must apprehend them and bring them forthwith to this court so that we purge this contempt, he said.
Judge Phiri said the offence had been committed long after he warned journalist not to report on hearsay evidence which was rejected by his court and was not put on record. Judge Phiri asked the lawyers to serve orders to ZICTA to ensure that the order fits in the compliance mechanism as provided in the law. He also said he had deliberately not been reading anything else on the proceedings apart from what was on his record.
I have closed my own email address so that I dont have access to such comments, he said.
Judge Phiri is sitting as a High Court judge in the matter.
Earlier, Mutale said the two articles published on 22 October 2010 and 2 November 2010 on the Zambian Watchdog has been analysing the evidence which has been adduced in court. He said he availed copies of the articles in question to the state. Mutale said the allegation in the two articles was a serious onslaught not only on the Judiciary but on the administration of the justice system in the country.
Kalaluka submitted that the articles were contemptuous on the grounds that they were scandalising the court and accused Judge Phiri of being part of the scheme together with counsel at the bar to achieve some covet agenda.
He said the Zambian Watchdog articles had gone ahead in naming the magistrate and judge who Mohan alleged had been bribed.
We are of the view that these articles are highly contemptuous and there is need to protect the integrity of this court and the proceedings, Kalaluka said.
State advocate Ben Mpalo agreed with the defence that the comments in the two articles have effects of being prejudicial to the proceedings.
Our understanding is that the Zambian Watchdog which is alleged to publish those articles is an interactive blog, if however the author and editor of this publication can be identified, we would have no objection to the application, Mpalo said.
Background
The application was made during the continued hearing of Inktech managing director Mathew Mohans case in which he is jointly charged with Idris Patel and Shabia Patel for the murder of Cyclone Hardware proprietor Sajid Itowala on July 21, 2009. It is alleged that the trio last July whilst acting together with others unknown, brutally murdered Itowala.
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