By PERPETUAL SICHIKWENKWE –

RAINBOW party leader, Wynter Kabimba and his co-accused, Post Newspaper editor-in-chief, Fred M’membe were yesterday detained by a Lusaka Magistrate court.
The two were however, released after they met bail conditions set by Principal Magistrate Kenneth Mulife.
Mr Mulife granted them K5,000 bail each in their own recognisance, in a matter they pleaded not guilty to alleged contempt of court and defaming former Republican President Rupiah Banda.
Kabimba, M’membe and the Post Newspaper finally took plea after Mr Mulife made four rulings among them, whether or not M’membe should face contempt in the face of the court.
M’membe, 56, had told Mr Mulife when he was asked whether he understood the contempt charge against him that, “I understand the foolish charge.”
At this stage, one of the lawyers representing Mr Banda, Keith Mweemba made an application asking Mr Mulife to halt the plea procession and summarily deal with M’membe’s contemptuous remarks.
M’membe however, apologised to the court after Mr Mulife asked him whether he still maintained his contemptuous statement.
He told the court that he did not intend to be contemptuous to the court because the word he used was in reference to the complaint brought against him by Mr Banda.
M’membe said it was not his intention now or in the future to disrespect the court.
Mr Mulife accepted M’membe’s apology but admonished him and warned him against disrespecting the court in the future.
Earlier, Mr Mulife dismissed both applications by M’membe, The Post and Kabimba to have their charges quashed on grounds that they were bad for duplicity.
The court also dismissed the trio’s application to have the charge for contempt of court referred to the High Court for determination of the constitutionality of the allegations because it violates their freedom of expression.
Mr Mulife said he found no basis for him to refer the matter to the High Court because there were no constitutional issues that merit the intervention of the High Court.
“In total, both preliminary issues have failed and are accordingly dismissed. I further direct that the accused persons take plea forthwith” Mr Mulife said.
M’membe and Kabimba’s lawyers Nchima Nchito and Eddie Mwitwa objected to their clients taking plea in the absence of the complainant, Mr Banda but instead asked the court to acquit them.
Mr Banda’s defence lawyers, Mr Mweemba , Gilbert Phiri, Makebi Zulu and Jonas Zimba asked the court to dismiss the application, saying Mr Banda’s presence was not relevant because he already had lawyers adequately handling the matter.
Mr Mulife dismissed the application by the three as the matter was scheduled for ruling and plea and not trial.
He adjourned the matter to April 27, 2015 for commencement of trial.