A prosecution witness has contradicted herself in evidence given to a Choma magistrate court during the ongoing trial of a Germany national facing a charge of defilement of a minor.
Julia Saboi,35, a businesswoman of Kabanana compound in Choma gave a different statement in court from the one she presented to the police.
This was after Saboi was twice made to read section 104 and the amended act no 6 of 1972 criminal procedure code no 150 cap 88 of the laws of Zambia.
Saboi, however, told magistrate Jacob Mbolela that she made a mistake in her earlier statement to the police and that she did not go through it hence her contradictory statement to the court.
This was in cross examination by defence lawyer Milner Katolo of Milner and Associates.
This is in a case in which Bernd Hieke is alleged to have defiled his eight year old step daughter.
In her earlier statement to the police which was read in court, Saboi had told police that she had attempted to insert her fingers into the private parts of the eight year old girl in the process of trying to ascertain if the minor had been defiled.
Saboi had told police that when she attemtped to insert her fingers, the minor screamed but during cross examination by defence she denied the act.
And another witness Flovian Mayuka 33 of Kabanana compound in Choma also told the court how she received a phone call from the mother to the alleged defiled girl to go and help her find out why there was some strange smell from the alleged victim’s private parts.
She narrated how they made the alleged defiled girl lie on her bed and started counselling her before they checked her private part.
Mayuka told the court that together with Saboi, he saw some kind of a red pimple and a cut inside the girl ‘s private, prompting them to question what happened.
The trial Magistrate adjourned the matter to 13th June, 2011 for continuation of trial as two medical doctors who are prosecution witnesses could not make it to court. One is reported to be out side country while the other is attending a workshop.
Last week an eight year (8) old girl of Choma testified before the Choma Magistrate Court how her stepfather alleged sexually abused her in their family house.
The named girl who is a grade three (3) pupil at one of the private Schools in the district said her stepfather is alleged to have been used to sneaking into her bedroom with intent to have sex with her.
She told the Magistrate court that her stepfather had allegedly sexually abused her twice in their home who during the act had threatened the little girl not to tell her mother.
She explained that the man had promised to continue buying her presents which the mother was not buying her because he loved her.
Bernd Hieke who is currently staying in Lusaka is a former employ of Southern Water and Sewerage Company.
Defence Lawyer made an application for a speedy trial because his client is out of employment as his contract was terminated by the Germany Technical Cooperation (GTZ) owing to the same case and is currently facing financial constraints.
He added that the tenancy of his client is ending this month end and pleaded for the case to be speeded up.
[ ZANIS ]
this woman is mad…
Arrest the chap but knowing our laws, foreigners are never arrested
If they tenancy is coming to an end the chap can spend his days behind bars lock him up, if you give him his passport and he comes to Europe forget you will never see him in Zambia.
So sad for the defenceless little girl, so vulnerable in this big people’s world.
I hope the law will take its full course on this matter. These pigmentally challenged scum bugs are bringing their western moral diseases to our children and must be stopped. For them sexually abusing their children is no big deal. Please spare our children from your decay
Cage this SOB what are u waitng $.
Have they confiscated his passport? He is STAYING in Lusaka?!! Isn’t he supposed to be remanded in jail or is he out on bail? Cage this monster.Let him have a taste of the Zambian prisons.He will think twice next time he tries to do this again.Next time put his name in the headline LT and spell it correctly so that whoever googles him in future will know what a monster he is.
please speed up the case. the man’s tenancy will be terminated and he needs to find alternative accommodation at Choma Prison ASAP.
What academic article..
what happened nxt on this case? Is the german man still roaming around zambia defiling more children?
If the prosecution fails to Lift the heavy burden of proof on their shoulders then the perv walks free and justice will continue to cry. The defense should leave no stone unturned in making this gemo perv pay for the alleged crimes.