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Wednesday, January 21, 2015

Latest Update on Zambia Prosecution of Consenting Adults

An update from Full Marriage Equality:
Kabwe Principal Resident Magistrate John Mbuzi has convicted and committed brother and sister facing sex charges to Kabwe High Court for sentence. Mr Mbuzi said it was un disputable that Maureen and Aaron Musonda where living as husband and wife despite knowing very well that they where siblings. ‘I do not believe both your defense and evidence as the witnesses called in by the state had no reason to lie against you and also accused number one Aaron in your testimony you failed to deny that you did not marry your sister’, Mr Mbuzi said.
This is in case where Maureen Musonda and Aaron Musonda of Makululu compound are facing two counts of incest. Particulars of the offence are that Aaron Musonda on dates unknown but between December, 2013 and February 27, 2014 in Kabwe knowing Maureen Musonda was his sister had unlawful carnal knowledge of her. In the second count incest by female particulars of the offence are that Maureen on dates unknown but between December 1, 2013 and February 27, 2014 in Kabwe knowing Aaron to be her brother permitted him to have unlawful carnal knowledge of her.
During trial the state brought in five witnesses among them their biological father and also their land lord. Their father Umbrella Musonda 59 years a peasant farmer of Mkushi District told court that he had fifteen children and that Maureen and Aaron where both his children. Musonda told court that he fathered the two but in cross examination he admitted that the two did not grow up together and had different mothers though he insisted that he had introduced the two as brother and sister.
Another witness Nellie Musonda who was their landlord told court that on February 5, 2014 Aaron Musonda approached her and asked to rent one of her rooms. Ms Musonda told the court that he offered Aaron a room but before she did she told him that she only rents out her rooms to married people to which he responded that he had a wife who would join him soon. She told court that a day later Aaron and Maureen moved in together and shared the room and were also seen taking baths together and lived as husband and wife. Later Mr Mbuzi established a trial within trial after Aaron told court that he was intimidated by the police officer to admit the charge.
The state then called in two witnesses to testify in the trial within trial after which Mr Mbuzi ruled that according to the evidence in court and witness testimony it was clear that Aaron willingly admitted the charge. When the two were put on their defence Maureen denied Aaron having had canal knowledge of her despite Aaron demanding for sex from her.
Mr Mbuzi in passing the sentence said the offence the two had committed attracted not less than 20 years and committed them to the Kabwe High Court for judgement. He has since revoked Maureen’s bail and both are in remand awaiting judgement in the next Kabwe High Court session.

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