Philip Mubiana and James Mwape found with case to answer for homosexuality.

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Philip Mubiana and James Mwape of Kapiri Mposhi district.
Philip Mubiana and James Mwape of Kapiri Mposhi district.

The Kapiri Mposhi Magistrate Court, has found the two men of Kapiri Mposhi district accused of practicing homosexuality with a case to answer and subsequently put them on their defence.

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Kabwe Principal Resident Magistrate, John Mbuzi stated that the prosecution had established a prima facie case against the accused persons on all the four counts.

Before Magistrate Mbuzi was Philip Mubiana and James Mwape both aged 21 of Ndeke compound in Kapiri Mposhi who are charged with two counts each for having sex against the order of nature contrary to Section 155(a) and (c) of the Penal Code Cap 87 of the laws of Zambia as read together with Act No. 15 of 2005.

Particulars of the offence in count one are that Philip Mubiana on dates unknown but between April 11and 25, 2013 did permit a male person named James Mwape to have canal knowledge of him against the order of nature.

In count two the particulars of the offence are that James Mwape on unknown dates but between April 11and 25, 2013 did permit a male person namely Philip Mubiana to have canal knowledge of him against the order of nature.

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And in the third count, particulars of the offence are that James Mwape on May 5, 2013 had canal knowledge of Philip Mubiana against the order of nature.

And in count four, the particulars are that Philip Mubiana on May 5, 2013 did permit James Mwape to have canal knowledge of him against the order of nature.

Magistrate Mbuzi who also referred to the case of people Vs Kombe Joseph Champako said sodomy was a felony and any person found liable of committing the offence faces not less than 15 years imprisonment or to life upon conviction.

Magistrate Mbuzi said according to evidence adduced from the state witnesses the two accused persons admitted to have been married and staying as man and woman.

Further evidence from the medical examiners from Kapiri Mposhi District Hospital where the two accused were taken on two separate occasions proved consistent with the allegations that the two accused were involved in sodomy.

The state called up eight witnesses in this matter.

The two accused persons are being represented by SNB Legal Practitioners of Lusaka.

“Based on this evidence I therefore hold the view that the prosecution has established a prima facie case against both accused persons and I hold a further view that any court properly directed could convict the accused if they offered no explanation consequently I find the duo with a case to answer on all counts as charged and I now place them on their defence,” Magistrate Mbuzi said.

Magistrate Mbuzi adjourned the matter to May 13, 2014 and April 9, 2014 for mention and commencement of defence respectively.

The accused persons are remanded in custody.

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