Thursday, 25 October 2012

MAGISTRATE MWIINGA FINES IRIS KAINGU



MMD vice president for politics Micheal Kaingu’s daughter Iris has been fined K10, 080,000 or face nine months simple imprisonment in default.
Iris who appeared before Resident Magistrate Prince Mwiinga looked calm before a fully packed court room clad in a truck suit.
This is in a matter in which Iris Kaingu aged 21 was charged with making obscene cinematographic films tending to corrupt morals contrary to the laws of Zambia.
Earlier, defence lawyer Christopher Mundia applied for contempt of court on the Post Newspaper saying that he was misquoted when he was quoted as saying that Iris was from the royal family.
He said he does not remember saying her client was from the royal family.
He further also said that members of the public should not have commented on the matter as the case had not yet been concluded.
“I don’t see the basis on why the matter should be discussed when it’s not concluded, the media should record correct proceedings of the court,”he said.
In response Magistrate Mwiinga said that what the media report has no bearing on his decision as he makes decisions based on what is before him adding that his decision will not be influenced by anybody.
When passing the sentence Magistrate Mwiinga said that he had taken into consideration the mitigation presented by the defence in which they said that the convict was a first offender and that she was only aged 20 when the offence was committed.
He further said he also considered that Iris had lost her career having been expelled as a student from the Zambia Institute of Accountancy Studies (ZICAS).
The Magistrate also said that he had considered that she did not personally cause the publication of the material adding that he did not find aggravated circumstances in the case when arriving at the decision.
Magistrate Mwiinga also said that this was the second case he was dealing with in seven months which clearly shows that there is an increase in the prevalence.
He said he also considered that the convict did not show any remorse during trial and that the two nights spent in custody should have served as a lesson to her.
Magistrate Mwiinga said that he had exercised leniency based on those grounds in the hope that she had learnt a lesson out of it.
He then said that the destruction of the material should be done after 14 days if there is no appeal raised.
ZANIS

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