The Kabwe High Court has ordered a re-trial of the case in which an Ndola based soldier allegedly used a bayonet to stab a woman on her private parts was acquitted by the magistrate’s court.
This was after the State filed an application seeking review of the case.The State applied to seek an opinion from the higher court over the move by magistrate Smart Mweene to acquit the accused person who was facing two counts of attempted rape and unlawful wounding.
Allegations before court were that Biggie Situmbeko, 29, of Tug-argan barracks in Ndola on February 9, 2012 stabbed the woman’s private parts using a bayonet after she allegedly refused to have sex with him.
Magistrate Mweene last month found the accused with no case to answer and acquitted him on both grounds on justification that the State had failed to prove the case.
But State prosecutor Jonathan Kazunga filed an application in the High Court to seek the opinion of the higher court over the matter saying the magistrate court misdirected itself in law and fact in acquitting the accused.
He argued that the magistrate court erred in evaluating evidence from the doctor who stated that the wounds sustained were life threatening thereby creating no doubt about the credibility of her evidence.
In his ruling, Kabwe High Court Judge-in-Charge Eddie Sikazwe said the State followed the right procedure to have the case restated which was not an appeal against acquittal and ordered that the case be sent back to the magistrate’s court and be tried by Kabwe Principal Resident Magistrate John Mbuzi on a date to be communicated.
After the court’s ruling the accused person looked shocked as he walked out of the dock.
And Young Women’s Christian Association of Zambia (YWCA) regional coordinator Juliet Kawanda expressed happiness over the move to order for a retrial of the matter and that the women prayed for justice to be done.
Nkani yalula for this msilikale especially that he oiled the fingures of the prosecutors and the magistrate! Its back to the ring obviously with a different magistrate!
if the man is found guilty. What happens to magistrate who acquitted him.
The law should visit him
Nothing ll happen to the mag who acquitted that man if he ll b found guilty by anaza mag obviously da man ll bring up da issue of bribing da aqutiting mag bt that cnt go anywere unless da claim z fully substantiated.
The Magistrate will be an accomplice in the crime
People should not bring thr name of the judiciary into disrepute over every judgement! This case it appears has been revisited with good reason; the evidence proffered by the injured party in order to have the assailant charged and convicted for the crime! It will be established whether he did in fact with malice aforthought, or reckless as to whether his actions would inflict such wounds on the victim. I wish to hear the facts of this ase and see the evidence because there is nothing more repulsive than injustice!
The woman said she was stabbed with a sharp instrument but a bayonet is not sharp,there is doubt as to what was used and was it produced in court? Did a forensic expert testify?
My brother, a bayonet is very, very, very sharp against those delicate parts
Imwe a puungwa. Nzelu kuchepa kwati ni puungwa. What do you think he used to stab her? He used his JOHN
And the good doctor provided ‘evidence’ for acquital!
he stabbed her with his ntwenu……sharp ntwex this soja
LT, how about categorizing your content? One minute I’m reading political news, the next court rulings, the next human interest stories. “Man bites Dog” should not be next to “Fuel subsidies removed”.
You have the links at the top of the page, except that some don’t work!
Puungwa.
A bayonet is not sharp if enough force is not applied.
But with a lot of force, what is a vegina not to be sharply cut?
nothing will happen to the magistrate..a judge is free to make a judgement according to the merits of the evidence available..a judge was not an eyewitness when the alleged crime was committed…a judge does not depend on emotions but its up to the prosecution to prove the case beyond any reasonable doubt….unless the prosecution will give more evidence this time around,the accussed may still be acquitted..its not about you going to court while crying but you should give evidence to prove your case..
This soldier is a devil wipayomuntu pamulandu wa chinyo chakwe!