Terence Findlay convicted of Assault

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The Ndola Magistrate Court has convicted suspended ruling Movement for Multiparty Democracy (MMD) Copperbelt province chairman, Terence Findlay after finding him guilty of assault occasioning bodily harm.

Findlay 43, has since been sentenced to nine months simple imprisonment and ordered to pay a fine of K5 million.

Meanwhile, the same court has acquitted Findlay of two of the three charges which he was facing.

Findlay was facing charges of rape, unlawful possession and distribution of obscene matter and assault occasioning bodily harm.

Delivering judgement Thursday, Ndola Principal Resident Magistrate, Chilombo Phiri said the evidence adduced in court on the charge of assault was sufficient enough and collaborative to warrant the accused a conviction.

Ms. Phiri therefore found the accused guilty as charged and convicted him.

In relation to the charges of rape and unlawful possession and distribution of obscene material
the court acquitted Findlay saying there was no collaborative evidence to prove the charges.

Magistrate Phiri explained that the rule regarding sexual offences was that there must be collaboration in the evidence before the court for it to convict.

She said however that it could still convict in the absence of collaboration if there was something special.

She explained that in the case of Findlay, the court could not act on the uncollaborated evidence because even the medical report, which was critical in the
case, could not confirm the case of rape.

Ms. Phiri has since acquitted Findlay of the two charges of rape and unlawful possession and distribution of obscene matter.

In mitigation, Findlay, through his lawyer Paulman Chungu, asked the court to exercise leniency on him as he was a first offender.

He said both him and the complainant knew each other very well, adding that the incident which led to the assault was unfortunate.

He further pleaded to the court to consider that the assault for which he was charged was not fatal as the complainant did not even seek medical attention.

Facts before the court were that, Findlay was on unknown dates but between May 1, 2007 and June 2, 2007, allegedly had unlawful carnal knowledge of a 16-year-old girl of Ndola.

He was further alleged to have, between May 28th and June 3rd 2007, unlawfully distributed obscene matter in form of a disc labelled Bwaski , to the same named girl.

He was further alleged to have on June 2nd, 2007, assaulted her by burning her on the left buttock with a cigarette lighter.

60 COMMENTS

  1. vote

    It seems to me the guy did screw this 16 year old which most likely was concensual and not ****, but that said, this girl is a minor. I have read articles on men serving life sentences for defilement and this case to me sounds like real joke. What messages are the courts trying to send to the general public? I might be wrong here but what is the legal age of consent in Zed?

  2. vote

    Given the fact that the medical report was critical and pointed to evidence of canal knowledge of a minor by someone and that someone being no other than Findley, I cannot understand what other collaborated evidence this stupid migistrated needed to lock up this pathetic paedophile . People like Findley are sick in the head and they need caged forever. Since he will be outside, I hope the person he nails next is this migistrate’s minor daughter. In the meantime, I have send Findley’s identity to a paedophile watch page complete with his photo and full names, where he is situated, to ensure our childrens safety.

  3. vote

    well this girl seems to be under age but it’s like she is a proffessinal prostitute,the fact is this guy was in a relationship with this “hole” for a longtime b4 she came up with this best fund raising venture. For some body to be burned directly on the ******** what do you think happened? they exchanged porn movies i guess they were watching together, young girls pa zed are a disgress, girls as young as 12 are breaking marriages, am happy that this case was ruled in favor of this guy so that girls learns that cheating is not the best way to make money when they are not paid as they thought after the sexual act.

  4. vote

    a girl 16 enjoying sex with a man 46, this is bad. I blame girls they like money too much than school, i guess now the friends a laughing at her.

  5. vote

    Does the medical council by law madate the exposing of the names of the **** victims in the press taking into consideration the psychological aspects of the victims? a rumour has it that this girl even almost stopped schooling for fear of being intimidated by peers, she was hiding in the house, refusing to eat coz she felt after being read in the newspaper everybody knows what happened to her, this can affect her social interaction with others, i think they sld find the best way to present these cases in newspapers than mentioning the names.Sex is private even 2 elderly pipo from doing it if asked they usually say NO,so what abt being read that you had it? kaya?

  6. vote

    she even changed schools, but the girl is not under 16 so its not defilement and it was definitely not ****. she conseted to everything. However the judge was right in convicting findlay on assault charges.

  7. vote

    Hmmmm! Simple imprisonment and a fine of K5 million?
    Hahahahaha…..kwena mwaliba ubupuba mu zed

  8. vote

    Is this a Sick joke? Ninshi mu Zambia they’z No Statutory **** Charge? It seems that the issue was not about him raping but the magistrate Judge wanted ‘Collaboration’. Collaraboration? How the hell is that gonna be Collaborated, 3some perhaps? anway, he could still have been jailed for having sex with a 16 year old..statutory **** it’s called!

  9. vote

    I know this case would end up like this, shame on the so called judge as if she not a woman herslef. How much has this stupid coloured give you? Dont forget the girl was below 16 at the time of all that. Its unfair for a headmaster contributing positively to the country’s dev being sentenced to 25yrs while crucks like this man go scort free. What is simple imprisonment. Are sentences now only for the poor. Where are the so called human rights groups. I hope the lusaka high court take up this case again and judges like this one should be fired in future. We all know there’s money involved.

  10. vote

    9 Months wasn’t either Custodial or Suspended. It could only have come in IF he failed to pay K5m. What a joke!
    Isn’t Assault a Criminal charge that warrants Custodial sentence? What a useless judgement!

  11. vote

    # 11 Its suspended,you will be meeting the guy @ Ndola Circles doing what he does best,Sex pervert

  12. vote

    Its a shame though reality that such a case has to end in such a manner. Someone once said ‘Freedom is not free after all neither is justice’. I am alive to the fact that law in Zed seemingly favours the rich few or is it fools. Surely, at 46 screwing a girl of 16, some one who was at embryo stage when terrence was 30? God forbidooooooooooo. I dont care how the case was presented but this is a mare judicial joke. Honestly, Headmaster goes in for 15/25 yrs, terrence walks the streets freely………Is it abt whose paycheck is thick? The guy by now should have paid the ka K 5, 000, 000 period and is on the lose looking for which toddler to screw. Shame on the outcome.

  13. vote

    This is a good example of the Law Emulating Justice, while ultimately protecing the Rich from the Poor. Not sure if the girl’s life will be the same after this. As for Mr Findlay, well, Life Goes on!

  14. vote

    over the Katumbi saga i commented….if you are gonna be a thief make sure you have enough money to “buy” away trouble when it comes….after the conclusion of this case i add to that comment….if you are a serial sex pest with an insatiable appetite for little girls…get Paulman Chungu when you are arrested and have some kobili to pay the fine you are guaranteed to be given!!! when you have money and the right judge…prison is not an option it seems in Zed !!

  15. vote

    This issue is unfortunates. However expectations should not prejudice the case. Just because its Findley involved should not be cause for imprisonment even with insufficient evidence. I think the magistrate conducted her/ or himself well based on the facts presented, unless the the facts were presented wrongly in court in which case its not the court’s problem. Mind you the court shld not be seen to be passing judgements based on assumptions or status of a person or public perceptions. Otherwise there will be no justice and pipo would just be accusing those they dont like knowing that the judge would do it in their favor since the case is serious. Lets be objective. Besides there is appeal.

  16. vote

    While you are right Vik, its onething for the a Mag to make a rulling based on facts and also a judicial presumpion to hold the law equitable………..Its not about Terrence but what we are looking at is a trend being perpetuated and normally appears like the rich are fleed from the hook. What did the Mag mean when she said in the press that her heart bled after watching the Porn in chambers.She was taken aback and is also on record of having said flashes of her own teen girls kept on flashing in her mind…..For what? Fear of persons like Terrence? A quote for thought” its better the court flees a criminal than sentencing an innocent person to death”. I rest my case.

  17. vote

    Mark my words, I said it last time that this guy will go scotfree. I used the the term ” in Zed the law is like a spider’s cobweb the week get caught, the mighty break through.” How did he know that he was going to be charged K5.0m Because his lawyer paid there and then! Who gets that K5.0million fine, is it the young girl or the STATE?

  18. vote

    I think Findlay pulled a whole lot of strings to save himself from goin in, however,should somebody someday **** his daughter, you will see his reaction, these things have a way of coming back home to roost.

  19. vote

    viktor 18 you have a point.
    always i believe all such cases are caused by our girls, a man is attracted to a girl through looking at them and addmire the hip or behind, but for a girl you really need to make them happy happy in one way or the other,this simply means the key is a woman. But our girls can really seduce a man you’ll find them” but sir hehehe but sir hehehe” a man will take advantage.I guess the facts before the court clearly exposed what type of a girl is she, let the person who heard the hearing update us than being one sided here

  20. vote

    Bicklon the Key is clearly not with the Girls, but with Perverts. Only a perverted mind of a 46 year old man will find a 16 year attractive! In the first place, where do go to interact with 16 year olds? One judge, I think in Eastern province sentensed a perve to life, and he was right in asking the question…What’s **** about a 5 year old?

  21. vote

    #24 these school girls are all over in bars, churches looking for men. A 16 years girl looks well formed and matured for man to be attracted to, it’s just the matter of self control here not that they dont look ****. Thats why HIV/AIDS is on an increase coz everytime girls who are doing wrong things are protected, in the first place why did she involve her self with him if she knew she wasn’t matured enough?These cases are on an increase inocent men will be arrested coz of protecting these prostitutes.How many girls are married b4 16yrs? or get pregnant b4 16? teach the children how to behave.

  22. vote

    Sorry guys, i screwed the judge so she feared i wud reveal everything. Ya i have money so what is the f##king problem? I thot iwas going to pay $20,000 but alas a mare $1500. I go screw the rest 19.

  23. vote

    This is indeed a good example that some “Animals are more equal than others”.An obese man like Findlay on top of a minor shame.Is this chap married? I don’t know what his wife has to say.Some people with money can get away with murder.If an ordinary guy from the street assaults a girl from the hood you bet the poor guy will locked up.

  24. vote

    Ba Lusaka times, please get your facts right…It appears he’s been acquitted of the charge! This means another minor will have to face him again!

  25. vote

    it is increasingly becoming difficult to clearly identify underage girls these days. women have gone on a rampage to look younger so whilst you think the lady you’re with is 23 she really is a minor on a mission to look older!!!we should expect alot of men to be in trouble as the years progress.as men we need to revert to the traditional process of dating a girl before we “eat”!! At present men are “eating” FIRST then asking questions later !! this trigger happy behaviour needs to be discouraged before we all end up with criminal records!!

  26. vote

    Without appearing to give legitimacy to what he had been accused of, or in any way dimninishing the seriousness of the charges against him, but rather in the interest of fair play; will Findley now sue “to the fullest extent of the law” that moron Shakafuswa who deemed it fit to make some disparaging remarks and conclusions of his own even as the case was before the courts of law? I’d be interested in seeing where that leads.

  27. vote

    it is unfortunate Eagle One(30) that reputational damage has little consequence in Zed.Terence escaped conviction becoz there was no collaborating evidence.it can be safely deduced that he did indeed have “sexual relations” with the young girl but due to a loophole he escaped punishment for it.ideally such embarrassing accusations are enuff to make you and me become a virtual recluse…but knowing Terence and reflective of our national arrogance,he will be out celebrating his success at beating the system…fair play to him and kudos to his brief!!

  28. vote

    findley you are a fool. child abuser raper of children.
    shame on you
    you are not yet free GOD will judge you

  29. vote

    #31 Original Pundit, your analysis of the issue is so true! How sad though that such loopholes that seemingly “protect the rich from the poor” should exist in Zed in this day and age! There ought to be a law against this knd of law, if you catch my drift.

  30. vote

    The late Johnnie Cochrane who represented OJ Simpson told Larry King after OJ’s verdict that the colour of justice is not really white or black but definately green!

  31. vote

    #34, Dante, you’re spot on! Once again, our justice system going out of its way to prove wrong the old tenet that “money will buy you a lawyer but not justice”. In this case, money WILL buy you both the lawyer AND the Judge (justice)! Money talks. BS walks!

  32. vote

    Another Cochran quote…

    “Money will determine whether the accused goes to prison or walks out of this courtroom a free man.”

    Johnnie Cochran

  33. vote

    Girls pa zed are a mess, just go pa unza students you will take your pick there. its money man!

  34. vote

    My son you have made it,the next meal is the magistrate’s daughter.we do not need to buy some lawyers since she has your favour.Go GO GO.

  35. vote

    How does this judge believe that Findlay caused the burn(s) on the girls ******** but did not penetrate her? How was she convinced of the former did happen whereas the latter did not?

  36. vote

    If this carnibalistic behaviour of **** was performed by a villager, he could have gone straight to jail,but in this case money and misuse of chairmanship of some stinking party has made charges of **** to be dropped.Thats a true reflection of a corrupted society,ruled by corrupted parties which are led by corrupted minds,its so sick.She is 16,and the ***** with his 16 inche pipe was trying to lay his infected pipe in the would be wife of a young man,crazy,castrate that animal before he finishes them all.Again he was found with obscene material,the faggot might be some pornsta.slash a barbed wire in his hole.

  37. vote

    Whether the girl concerted to have sex with Findley, as long as she was under age, the man must have been punished severly. Under age simply means one is incapable of making informed decisions, hence mature men like Findley are supposed to gaide them moreover this guy is/was?? a high ranking official in the ruling party. This should mark the end of hi political caree but knowing pa Zed he will be the next minister what a shame, minister of PPP(Ponorgraphy, pedophile and pervertion).

  38. vote

    We are on a mission! They want money and we slaughter them like chickens!!! They want mobile phones and airtime so we provide and well they are tight and sweet!!!
    Our next target is the mag herself because we gave her a substatial amount.Even Shaka is in our group!

  39. vote

    Child abuse case end up in equetal mwebantu nikwituleya.Ms Phiri mayo bamipele how much? He suppose to go in atleast minimum of 29years mujere mambala MMD. Girls ukutemwa i fwalowa kuma sugar dadds tepapa ba kunyengamwana wesu. Girls pls get away from sugar daddies.

  40. vote

    Findlay should have been jailed for defilement, anyway money speaks, i do not know where we are headed to in Zambia in terms of morals, we leave it to God.

  41. vote

    Mwana wandi your catastrofic and calamicious behaviour will take you to your early grave please napapata.The girl you screwed is HIV positive,and hope the condom did not burst bcoz of your 16″inches pipe.Who amongest you and aka the slaughter house technologist is the president of your association?Tell us you pumping machine or i will bewitch yo ass.

  42. vote

    Findlay please leave the young girls alone.Don’t take advantages of poverty becoz of the bad policies you initiated.Who ever aquitted you is a hole.

  43. vote

    Yes! thank U Judge, Next time we’ll careful not to assault them.
    We buy them cell phones, they pick hipstars from our boutiquets and sometimes we open bank accounts for them. We put 200 pin every month so they can be withdrawing 50 pin every week at the ATM in front of other school girls. This makes recruitment very easy.

  44. vote

    Sympathy to their future husbands, We pipe these chaps like hell. Money talks

  45. vote

    I pitty the young girl for been brain washed by a 43 years old man,who I believe flashed alot of dollars to win her,further took advantage on the poor girl’s ignorancy!One wonders why asome lawyers would even stand for injustices when they promised to uphold and defend the constition and deliver justice!¨Lawyers like Paulman Chungu honestly who dosen’t him! when it come’s to intice or flsh money to women? this guy has sleeped with almost 3/4 of the sun international good looking girls and other women in L/tone! he’s known to that extent!and he’s the one defending his friend Findly comeon guys! it’s oviuos money worked in this issue! How come assult is established and sexual case fails and ..

  46. vote

    Cont. frm #53. the court even aquitts him from it so that prosecution doen’t restart the case?The girl need the powerful prosecution not a mere police officer with a certificate in law!DPP must do something about it! The girl should be advised to sue him in civil maybe she can be awarded some compesation in the high court! the magistrate knows it all,I wish to call upon ACC to visit Ms Phiri, how could she let these two imoral men convinse her when the case was straight forward! The girl was a juvenile therefore,it was supporse to be a special case,coz she couldn’t have been found with such materials and burns on her butts when she’s just 15. I’ll bring this case back until justce prevail!

  47. vote

    If anyone behaves like Terence Findley to my daughters and nieces,i will shoot and Kill i dont care,try it you are a dead man, your eyes will face your brain…Kaleza kaning’ambe sure na pali amama Malita….thats the only solution.

  48. vote

    #55, you are really a man, the Bible even puts a “stone the man and woman to death”clause. God doesnt want sexual perverts.
    Girls also should learn to be content with what they have. 16 years against 46, your own father for that matter, i think our society is rapidly turning into a higher than Sodom and Gomorah nation. God will wipe us if we are not careful

  49. vote

    Its clear laws in Zambia will never treat the poor and the rich equally. Therefore its only correct that we claim our rights to protect ourselves by taking the law in our hands. That guy Findlay even had Porno DVDs but that judge saw it the other way. Anyway, this is Zambia and I won’t be suprised if I hear Findlay is next NATIONAL CHAIRMAN for MMD. Can you guys in Ndola find and screw one of his 16year old daughter or niece to square up. thats the only way to balance things with these rich guys and their judges.

  50. vote

    #58, the “eye for an eye” concept is not only archaic but inapplicable.this guy just did what any person in trouble would do….find a good lawyer and execute the perfect plan to beat the system!!! Lets be progressive and petition our MP’s for legislative change to ensure that this NEVER happens again!!! “Squaring up” doesn’t solve anything but makes you just as bad as him!!

  51. vote

    I am still not happy with the defence lawyer, that man is not feet to be one! he is weacked and eve! he abuse women too! anyways birds of same futher flock together Chungu and Findly are of same furthers thses guys shuld be caged before they destroy our children!
    Let me find their daughters,I would reveal all they did to other pipo’s children to their family so that they understand what it feels! Banyanya! ndiye batupaya banyamata aba,kana yaka and these are the last kicks of a dying horse!

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