THE Kitwe Magistrate’s Court has committed a 38-year-old soccer coach of Kitwe’s Twatasha to the High Court for sentencing after convicting him of sodomising a 12-year-old boy
This is in a case in which Victor Mabimbi is charged with an unnatural offence.
Particulars of the offence are that Mabimbi on September 5 last year in Kitwe, had unlawful carnal knowledge of a boy against the order of nature.
Mabimbi denied the charge.
But in his judgment delivered on Monday, Kitwe resident magistrate Maxwell Mainsa said he is satisfied that Mabimbi had sex with the boy against the order of nature.
“Having carnal knowledge of a child against the order of nature carries a minimum sentence of 25 years imprisonment which is beyond my sentencing jurisdiction.
“I, therefore, commit you to the High Court pursuant to Section 217 of the Criminal Procedure Code,” Mr Mainsa said.
He said the boy’s complaint that Mabimbi had sodomised him was corroborated by the medical report.
Mr Mainsa said the boy narrated that on the fateful day; Mabimbi who was his football coach invited him to his cabin.
He said the boy testified that Mabimbi sodomised him, gave him K5 and warned him not to dare tell anyone about the incident.
Mr Mainsa dismissed Mabimbi’s defence that the boy had falsely implicated him because he had chased him from the team.
He said where an accused person raises the defence of false implication, he clearly needs to demonstrate the basis for such a belief.
Mr Mainsa said from the record, there was no evidence to support Mabimbi’s claim of false implication.
He said anal sex is against the order of nature and Mabimbi found himself in an unfortunate situation all for the love of adventure.