Kapiri gay couple was not having sex before arrest

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A Kapiri Mposhi Magistrate court today heard that the two men charged with having sex against the order of nature were never found having sex, but were merely fighting.

The two are James Mwape, 20, and 21-year-old Philip Mubiana.

Testifying before Principle Resident Magistrate John Mbuzi today, Sharon Mubiana the sister to one of the accused told the court that on the material day she called her neighbors to come and help separate the two accused who were fighting.

She told the court that after managing separating the two with the help of neighbors they took them to Police were they were locked up, but that later she managed to have his brother released on Police bond.

Ms Mubiana who turned hostile in court told the court that she went back to report the two to the police the second time upon realizing that the two might meet again and start fighting.

Another witness Judith Wakumelo told the court that the two suspects were fighting and taken to the Police.

She told the court that she was insulted by one of the suspects in the process of separating them while fighting prompting her to take them to the Police.

Asked by defence lawyer Sunday Nkonde whether the two were found having sex, Wakumelo told the court that no one found the two having sex.

Trial continues in the matter and the state has lined up six witnesses

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