Kapiri homosexual case: Court warns doctor

Mr Mbuzi told Andrea Bandula not to miss the next court session like he did when the matter came up previously.

The magistrate said when the doctor did not turn up in court the last time, it took the lawyer representing the State to go out of court to look for him.

In response, Dr Bundula said he was at the hospital at the time the matter was in court and, therefore, could not be present.

Mr Mbuzi, however, insisted that the doctor was not at the hospital when the matter was in court and neither was he at his residence.

This is in a case in which Philip Mubiana and James Mwape, both aged 21, are appearing in the Kapiri Mposhi magistrate’s court for allegedly having carnal knowledge against the order of nature.

In the first count, Mubiana between April 11 and 27, this year, is alleged to have had carnal knowledge of Mwape against the order of nature.

In count two, Mwape is alleged to have permitted Mubiana to have carnal knowledge of him against the order of nature.

In count three, Mubiana on May 5 is alleged to have had carnal knowledge of Mwape against the order of nature while in count four, Mwape is alleged to have allowed Mubiana to have carnal knowledge of him against the order of nature.

When the case came up yesterday, State prosecutor Lenox Kasungu informed the court that the State was ready to proceed with two witnesses but that the court clerk had informed him that the defence counsel could not make it as he had fallen sick on his way to court.

Mr Kasungu said the lawyer had since travelled back to Lusaka and he asked the court to adjourn the case to a later date when he would be present.

Mr Mbuzi adjourned the case to January 9, 2014 for mention and January 24, the same year, for continuation of trial.

Times of Zambia