The High Court in Lilongwe has granted Times Group permission to broadcast live on Times Television and Times Radio the delivery of judgement in Criminal Case Number 65 of 2013 in which Macdonald Kumwembe, Pika Manondo, and Ralph Kasambara are accused to have conspired to murder former budget director Paul Mphwiyo three years ago.
Judge Michael Mtambo is tomorrow expected to deliver judgement whether first accused in the matter, Macdonald Kumwembe, second accused person Pika Manondo and Kasambara are guilty of the charges levelled against them in relation to the September 13, 2013 shooting of Mphwiyo.
In an interview after judge Mtambo heard the matter in his chambers, Times Group’s Legal Counsel, Innocent Kalua, said a number of conditions have been attached to the permission.
“We have been given permission to cover live the delivery of the judgement. There are, however, conditions that have been attached. It will be strictly audiovisual live transmission. There will be no taking of pictures in court. We have also been told not to disrupt proceedings of the court. We have been told that a breach of those conditions will be tantamount to contempt of court,” Kalua said.
Judge Mtambo granted Times permission after hearing submissions on the matter from Kalua, Director of Public Prosecutions (DPP), Mary Kachale and the accused persons, who were present when the matter was being heard.
According to a notice of motion for leave to obtain and broadcast audios and visuals of the proceedings filed in court on June 30, 2016, Times Television Limited and Times Radio Limited applied to “Obtain and broadcast live audio-visual and/or alternatively audio recordings of the proceedings.”
An affidavit of Leonnard Chikadya, Times Group’s Managing Director was read in support of the application.
“That through a live broadcast of the proceedings members of the general public will have the most immediate coverage and most accurate information about the case through a pure live feed, uncensored and unedited, accessible to the widest audience,” reads part of the affidavit, dated June 30, 2016.
In the application, the state was the first respondent while Kumwembe was the second respondent. Manondo and Kasambara were the third and fourth respondents respectively.
“That I verily that the 2nd, 3rd and 4th Respondents’ right to fair trial will not be affected in any way by the live broadcast considering that all witnesses already testified and that all the parties already made closing arguments. The proposed broadcast will cover delivery of judgement only,” reads another part of Chikadya’s affidavit.
In the case, which was concluded last month, Kumwembe and Manondo were each answering two counts of attempted murder and conspiracy to murder. Kasambara was answering the count of conspiracy to murder Mphwiyo.
The case initially started with five suspects. Apart from Kumwembe, Manondo and Kasambara, other suspects were Dauka Manondo and Robert Kadzuwa. The other two suspects were dropped from the case on April 29, 2015 after they were found with no case to answer.
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