A 33-YEAR-OLD police officer of Luangwa township in Kitwe charged with sodomising a 21-year-old man has walked to freedom after being acquitted by the Kitwe Magistrate’s Court.
It was alleged that Lewis Mofya, on dates unknown but between March 11 and April 15 this year in Kitwe, had unlawful carnal knowledge of a man against the order of nature.
Mofya denied the charge.
Delivering judgment yesterday, magistrate Prosper Mwila said there is no evidence on record linking Mofya to the offence.
He said the only evidence before the court is from the complainant.
Mr Mwila said there is no evidence from a medical expert.
“In my view, there is no evidence that has linked the accused to the allegation and I, therefore, acquit him,” Mr Mwila said.
The court had heard that on that day, Mofya allegedly took the man to a tavern in Luangwa township and bought some opaque beer, commonly known as Chibuku.
The man testified that Mofya later asked him to accompany him to his house.
He said while they were drinking beer, Mofya allegedly poured some white powder in the beer that he was drinking.
“He only put the white powder in the beer that I was drinking and when I asked him what it was, he told me that it was milk and after finishing the beer, I became weak and I could not move or speak but I could see what was happening,” he said.
The man told the court that Mofya allegedly lifted him, took him to his bedroom, undressed him and sodomised him.
“I did not feel anything right there and then but in the morning when I went to the toilet, I was in great pain and I had abdominal pains,” the man said.
He testified that the pain was unbearable and he mentioned this to Mofya.
The man testified that Mofya allegedly gave him some Flagyl (an antibiotic) and assured him that he would be fine.
The man said Mofya’s neighbour became suspicious and he called his father who picked him up.
He said Mofya was arrested and charged with sodomy.
Zambia Daily Mail