Court puts defiler on defence

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Three witnesses this morning testified before a Luanshya magistrate court in the continued trial of a case in which a 39 year old man is accused of defiling a 14 year old girl.

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The girl is also from Luanshya at Technical and Vocational Training College compound .

Particulars of the offence were that Zebron Kapila of house number 98 Eucalyptus Avenue Luanshya on 29th June, 2014 forcibly  had canal knowledge of  the 14 year old girl.

The court heard that the girl sustained bruises on her private parts.

Testifying  before Luanshya Magistrate Edward Banda, guardian to the minor , Kantu Mbozi, 37 of house number Tech 24 TVTC compound told the court that on the material day, she sent her niece to buy Phone credit around 17:30 hours and to her surprise the girl did not return.

Mbozi stated that as night fell she was alarmed and reported her niece missing to TVTC police post around 21:00 hours.

She narrated that around 22:00 hours on the same night her niece came back home crying saying a man had picked her up under the pretext of giving her a lift but instead kept driving around until it was dark, and drove to Tebote club where he forced himself on her and grabbed the K10 note which was meant for buying air time.

Mbozi added that when she asked the girl if she knew the person who had done that to her, the girl responded that she did not know the man but that she could recognize him if she saw him adding that whilst at the club she had seen the man talking to Moono her neighbor.

The witness testified that she took interest and examined the girl, saying sadly she saw sperms oozing from her niece with traces of blood stains both on her thighs and pants.

She told court that she rushed back to the police station were she obtained a medical report and proceeded to Thomson Hospital where the girl received medical attention.

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Another witness Boyd Moono, 29, of house number Tech 21 TVTC compound told court that on the material day he went to Tebote club between 18:00 and 22:00 hours where he met the accused.

Moono stated that around 19:00hours the accused asked him to accompany him outside as he wanted to pick something from his car, but that when they reached outside Moono received a phone call and could not get closer to the accused’s car.

He however said he saw someone in the car but that the accused told him that he was with his daughter.

He narrated that later that night he was approached by Police officers who requested him to accompany him to the station to help them with investigations in relation to a defilement case.

Moono said at the police station, he was asked about the man he was with at the recreation club to which he identified the man as Zebron Kapila whom he said had told him that he was in the company of his daughter even when he did not meet her, which led to the apprehension of the accused.

And a Luanshya central police victim support unit officer, sergeant  Chimuka Chiyasa, 35 told court that during police interrogations, the accused accepted having picked up the girl but refused having canal knowledge of her.

The officer who also inspected the girl narrated that she had sustained bruises on her private parts adding that she also discovered marks of struggle on the girl.

The court found Kapila with a case to answer according to section 138 cap 187 of the laws of Zambia and would be put on his defense during the next trial.

The matter was adjourned to 13th August, 2014 to allow the accused to organize his witnesses.

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