A 45-YEAR-OLD Ndola woman has told the magistrates’ court how her 14-year-granddaughter was defiled while she was away attending a wedding at Levy Mwanawasa Stadium. This is in a case where John Mutanaka, 34 a photo technician of flat 8 Pamodzi Court, is charged with defilement contrary to the Laws of Zambia.
It is alleged that Mutanaka on January 16, 2016 had carnal knowledge of a girl under the age of 16. Mutanaka pleaded not guilty to the charge. When the matter came up for trial yesterday, the grandmother told the court that on the material day, she left her granddaughter in the care of Mutanaka. “On January 16, around 19:00 hours, I left home and went to the wedding at Levy Stadium. I left my granddaughter with bashi Besa (accused) and his two children. When the wedding finished around 21:00 hours, I received a call from our neigbhour that bashi Besa had defiled the juvenile.
I rushed home and found that my granddaughter was crying in our neigbhour’s house. I asked her and she said bashi Besa had raped her….” she told court. “We reported to police with the help of my friend. When we came with the police to search for bashi Besa, he did not open the door.
His children said ‘daddy is not around’, but when the police searched the house, bashi Besa was found hiding under the bed. And that is how the police arrested him.” “Bashi Besa is HIV positive and for him to have sex with my granddaughter without a condom pains me a lot,” the sobbing grandmother said. But before other witnesses could be called for continued trial, magistrate Austin Chibalo said he had an order to make. “The age of the girl does not stand established. Contradictions here have been raised stating that the child does not have birth records,” magistrate Chibalo said after the defence demanded to know the true age of the girl and the birth records. “I find such information not worthy to rely on (word of mouth that she is 14). So I order that the said minor be referred to Ndola Central Hospital for the recommendation of her age. This matter should come up for mention until the clear age of the girl is determined by the medical doctor. So we meet on March 14 for mention and possible continued trial,” ordered magistrate Chibalo.