A 38-YEAR-OLD man of Ipusukilo in Kitwe has been committed to the High Court for sentencing after being convicted by the Kitwe Magistrate’s Court for sodomising his eight-year-old son.
This is in a case in which Aaron Bwalya of house number 1216, Ipusukilo, is charged with an unnatural offence and assaulting his son, thereby occasioning him actual bodily harm.
In the first count, particulars of the offence are that Bwalya on dates unknown but between June 2011 and September 10, 2012 in Kitwe had unlawful carnal knowledge of his eight-year-old son against the order of nature.
On the second count, it is alleged that Bwalya on September 8, 2012 in Kitwe, assaulted his son thereby occasioning him actual bodily harm.
Bwalya denied both counts and the prosecution called five witnesses.
During trial, Bwalya’s former wife, who is the mother of the child, testified that she and Bwalya had two children before they divorced in 2007.
The woman testified that in September 2012, she received information from Bwalya’s brother that her son was very ill and that’s when she went to see him in Ipusukilo.
She recalled that her former landlord broke down when she saw her.
She testified that the landlord told her that what Bwalya had done to the child was very bad and that the child also broke down when he saw his mother.
The woman told the court that her former landlord narrated to her that the child had a big wound on his head because Bwalya had been abusing him.
She recalled that medical staff at a nearby clinic referred her son to Kitwe Central Hospital because the wound could not be stitched as it had started decomposing.
She testified that when she went with the boy to Kalulushi where she resides, she discovered that a stick was stuck to his body as she was trying to bath him.
The woman added that when she removed the stick, the child fell to the ground and that she rushed him to the clinic where he was again referred to Kitwe Central Hospital.
The woman said upon being interviewed by doctors at Kitwe Central Hospital, the child disclosed that Bwalya used to sodomise him and that it was very painful.
She said medical examinations conducted on her son revealed that he had suffered injuries, was malnourished and HIV-positive.
The doctor also recommended psychiatry counselling for the child as he was severely traumatised.
The woman added that the child was in good health at the time he was under her custody.
The boy also testified that he was Bwalya’s son and that he lived with his father.
He testified that one day when Bwalya returned from work, he discovered that he (the boy) had a sore in his eye and demanded to know how it started.
The boy testified that when he told Bwalya that the sore started on its own, he hit him with a plank on the head and that be bled profusely.
He also told the court that after his father cooked nshima on the material day, he began sodomising him.
He said Bwalya sodomised him on several occasions but he did not tell anyone because he threatened to put him in a sack and throw him into the bush if he dared tell anyone.
During cross-examination, the boy broke down because he was disappointed that his father was denying the things he had been doing.
And in defence, Bwalya urged the court to dismiss his son’s testimony as he was allegedly insane.
Delivering judgment, magistrate Maxwell Mainsa said he had no doubt that Bwalya had unlawful carnal knowledge of his biological son.
He said Bwalya’s conduct is unacceptable and he is a danger to society.
Magistrate Mainsa said had it not been for the vigilant neighbour, the child would have died in the house.
“Such conduct should not be tolerated, especially from a parent. There are so many people out there crying to have children and yet some parents have seen it fit to abuse their children,” magistrate Mainsa said.
He said children must be treasured and protected by all.
He said the court is duty-bound to send a strong message to would-be offenders.
He also convicted Bwalya for assaulting his son and sentenced him to seven years imprisonment with hard labour.
He said the unnatural offence charge for which Bwalya stands convicted carries a minimum mandatory sentence of 25 years and is beyond his jurisdiction.
He committed Bwalya to the High Court for sentencing on the first count.
Bwalya did not say anything in mitigation.