Kaoma Magistrate, Bornface Mwala, yesterday convicted a 41-year-old intelligence officer in Kaoma district of Western province for rape contrary to section 132 of the penal code CAP 87 of the laws of Zambia.
Magistrate Mwala convicted Gilbert Banda 41, of Chisambo village of chief Chanje in Chipata district and committed him to the high court for sentencing.
Particulars of the offence were that on September 26, 2012, Banda did rape Laetitia Mukakuranga 34, a Rwandese and a pre-school teacher refugee at Mayukwayukwa refugee camp.
Magistrate Mwala said that the court had no option but to convict him accordingly as the evidence from witnesses was overwhelming.
He said rape cases were on the increase in the country and the district as a whole and he will be failing in his duties if failed to convict the accused.
Magistrate Mwala said Banda being an intelligence officer from the high office of the President was suppose to conduct himself in a reasonable manner other than engaging in sexual offences whilst on duty on someone who is a refugee.
And state prosecutor, Mutwamo Nyambe told the court that Banda was the first offender but that the offence committed was serious considering that the victim was a refugee.
And Banda’s Counsel Abraham Mwansa applied for a bail pending appeal and also requested the court to be lenient on him as his client was of fixed abode and civil servant whose work place is known.
Mr Mwansa said his client would abide by all the regulations that the court will impose on him.
But the state prosecutor said that they needed time to study the application made by the defence so that they could reply later.
And the matter has since been adjourned to January 28, 2013 for state’s reply, meanwhile Banda is remanded in Kaoma state prison.