Friday, May 24, 2024

Chinese Nationals accused of defiling under-age Zambian girls acquitted, Police Officers blamed

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The Luanshya Magistrate Court has acquitted four Chinese Nationals who were accused of defiling and indecently assaulting two under-age Zambian girls.

Those acquitted are Zhu Xiang Jin, Hong Liu, Zhang Dailu and Yang Gang Qiang. The four are employees of 15 MCC, a firm contracted by Luanshya Copper Mine.

In passing judgment, Magistrate Chitundu Nanyangwe said that the evidence adduced by the prosecution was not collaborative. Magistrate Nanyangwe said that the case was a catalogue of errors by Police Officers involved in the entire investigations.

She said that apart being frivolous, the case was poorly investigated and prosecuted by the state. Magistrate Nanyangwe in her One-hour-thirty minute judgment said that there were a lot of discrepancies by witnesses called by the prosecution.

She further added that the complaint also failed to properly identify the accused. Magistrate Nanyangwe also observed that the arresting officer in the case failed to properly identify the accused when brought before the courts of law.

She noted that medical evidence availed before the court indicates that one of the minors alleged to have been defiled is actually a virgin. The magistrate lamented that witnesses presented before the court were not credible as they lied in their testimony.

The four Chinese Nationals who were arrested in November 2011 have been in custody until Tuesday when they walked to freedom

[ZNBC]

92 COMMENTS

  1. This is so embarassing to the police and the Parents of the said girls,you dont blackmail people like that,you may hate the chinese but they are in Zambia to stay love it or hate it.

    • i guess you are or would like to be a chinese honestly these dontlike staying in their camps but go on walking searching for young ones bakamba defilement is such a case that is done to our young zambian children. i dont see any need of bringing so many chinese whose job titles are that of a painter ,welder and a carpenter when iwe we cimuntu naukwata ama relatives who are good at that and are not in formal employment think twice naimwe ba police be serious and professional to gain people’s trust.

  2. Incompetent prosecution team led by their boss(Nchito) who defrauded tax payers money through his Zambia Airways Saga. Didn’t the prosecution team see all these discrepancies before taking the case before a judge.

    Incompetent police and prosecution team. No wonder you don’t take people to court, but just summon them and try them in the media.

    Am sure even Liato’s case and others shall go the same way as this one.

    Shame shame

  3. IDENTIFYING THE ACCUSED, THIS IS RUBBISH. THE NCOLIZ ARE NOT EASY TO DIFFERENTIATE. IF ONE GIRL IS A VIRGIN, WHAT ABOUT THE OTHER UNDER AGED GIRL? CAN’T IT BE THAT THEY WERE BEING USED BY THE SAME PEOPLE YOU HAVE ACQUITTED? A FOREIGNER BEING LET FREE WHEN EVIDENCE IS THERE? WHAT RUBBISH IS THIS? IF IT WERE THE ZAMBIAN MEN, THEY WOULD BE FACING A MORE THAN 2YEARS SENTENCE SLAP. AWE!

  4. It cud ve been a difficult case for the un proffessional police prosecutors. Anyway ni dontch kubeba naba police nabena balyemo kabili. Thats the only salary increment 4 ZP for now.

    • That is what you get for voting for kaponyas into govt.  Luanshya was at the forefront for PF with Chimbwili.  Now you know what a mess they have brought.

  5. How do you expect a simple magistrate to jail Chinese even when evidence is there knowing that Zambian Gov’t do not want to lose investment by the Chinese? China is busy dinning with Sata at State House, China just brought in 25 new brand big Buses for the Government, and, many more other things they are giving the Gov’t behind the closed doors. The question is; do you think if those four Chinese were Zambians will have been acquitted like what happened? Yet everyday, the police, the public, NGOz, Churches, the first lady and the Government are all singing about punishing perpetrators of such crimes, yet they can never find Chinese National guilty of defilement? Do you expect Zambians to be deterred from such evil vices when they can see that other National are more Human than Zambians?

  6. Twalibelela nifi fine pazed! Jails are meant for poor people in Zambia,nga ali mupina apa nga twamufwila ku mukobeko maximum ! Is only the coming of the messiah who is going to bring justice to all without looking at the color,names ,classes etc, in his eyes we will all be treated equally.

  7. This is what you would expect from proper trained margistrate,acquittal of suspects.Our policemen are chair investigators who are quick to summon and lay charges against suspects without carrying out basic investigation. And this is the outcome we all expect from the MMD cases.

  8. But who told you that any Chinese man can remove the virginity of any Zambian woman.
    They cant match the system. There gadgets are too small.
    As such that is not suppose to be evidence. DNA deposition is suppose to be the test.
    If it was a Zambian who mounted on some Chinese it could have turned into drug trafficking whereby we could be waiting for an unannounced execution and ashes to bury.

  9. A QUESTION:::::: AM A CIVIL SERVANT, IS THE PF GOING TO GIVE US 100% OR NOT???????????????????????????????????????? PLEASE ANSWER THIS QUESTION BECAUSE AM GETING WORRIED ON SILENNCE. I WAS VERY EXCITED WHEN WE WON

  10. What kind of judgment is this? If one of the girls is still a virgin, how about the other? Yes, its not easy for us Africans (or other races) to identify these Chinese cause they all look alike. Havent you watched Rush Hour 2 featuring Chris Tucker? 

  11. “…..evidence adduced by the prosecution was not collaborative”

    What do you expect from our Standard 4 poorly trained policemen? No wonder the country has no direction.   

  12. This is incompetence on the part of the police. If they know that they can have problems with identification later on why not take pictures of the culprits at the police the moment they were arrested. I do not blame the judge as she was making judgement based on the evidence presented before her. Our police really need re training in proper investigation and presenting close tight cases rather than on emotions and rumours. It is quite sad for the girls and the families if these issues really happened and the police failed to do their duty

  13. Guys, have you seen the judgement in full. This is purely a snap shot. have you followed this case from inception. For your information one of the girls confessed that parents where sending them to the Chinese at a fee of K20,000. One of the parents reported after this money wasn’t received. People are taking advantage of this loop hole in the law to extort money.

  14. This is justice. You can not imprison people on weak evidence. At least our courts are still working. Prosecutors you have a lot of work to do

    • I can’t comment on the case, as I don’t know the details, but I disagree that the courts are working. There are far too many people in Zambia awaiting trial, waiting to see a judge, with long sentences for minor crimes, that the court system (in addition to the police services and prison services) cannot be said to be working.

  15. zed prosecutors wat do u expect,poorly trained poorly equipped,the entire DPP chambers needs to be decentralised mutembo nchito wont do any magic.wat abt the so called arresting officer its difficult to comprehend.the switch by the pf to start dining wth the chinese was expected bt its morally unacceptable.ths magistrate went further to jail a lady for lying in court bt cmon the chinese chaps cn be re arrested n prosecuted again.tuma china chaps ar here to chew evrythng on site!wake up pf!

  16. Zambia is a use-less matha-fuc.king country. Beginning from from the top in lusaka to the bottom in shangombo. It seems the stu.pid justice in this sh.it country is only for certain pipo. A poor Zambian would have been jailed for 5 years for this fuc.ken case. Corrupt polititians and foreigners go scott free in this sh.it country called Zambia. In Uganda, such a thing wouldnt happen. Those sh.it chinese defilers who have been eliminated by firing squad if it was in Uganda. Us.eless Zambia. Fuc.kall.

  17. those people who are blaming the police on this one dont understand and you are all big foooools. the police cannot manufacture evidence to prosecute innocent people this matter was political we saw kambwili doing his crazy things as if he was the police,complainant and when the police discovered that there was no evidence there was no way they were going to withdraw the matter withiout going to court. otherwise you would have condemed the police. the best is to take matter to court so that justice prevails. the whole thing was public analysis and with no basis at all. you are yet to see for more drama!!!!!! kalulushi dog case……….

  18. This case must be taken back to court. Kambwili ensure the complainants APPEAL this case. It did happen and Young girls were defiled. The fact that one of the girs is still a virgin raises a Question. Now who defiled the others? The court has established that the police to blame, this is evidence enough that there is some truth in this case. Appeal this case. Those Children whill forever be traumatised. The Choncholis Prisoers must NOT escape / flee Zambia. Grab their passports.

  19. Shame, do you need breaking the hymen to prove indecent assault? some of these chaps were charged with indecent assault and one of them with the actual sexual act (defilement). Why do you acquit all? Let us be serious with our law. Police investigators and prosecutors should not be used as scape goat in this all fuss- I mean the travesty of justice. Remember they were all found with a case to answer, prima facie case, meaning one the face of evidence adduced so far, the chinese were guilty, unless and until the said something in their evidence to indicate they never committed the offence. These guys remained silent( a constitutional right) but the court finds them innocent of f… and molesting our children? What shame!

  20. Wait. Why you blaming the system? Blame the shady policemen and the coniving parents who thought they would get paid by fabricating what was not a “truth”. How do you claim your child was defiled? She’s still a virgin. The judge couldn’t have said it any better…”apart being frivolous, the case was poorly investigated and prosecuted by the state….”there were a lot of discrepancies by witnesses called by the prosecution”. As much I was happy that these Chinese spent some time in jail, and they’ll go tell their friends NOT to catch a case in Zed, period. Blame the parents. The police are imcompetent, we all know this already. So, you air heads here should see the “truth” for what it is. The judge was just doing her rightful job. Innocent till proven guilty. Case closed!

  21. if it was a poor zambian ni 35years. however, what the magistrate has sed is correct. this issue of defilement is nt properly investigated coz police depend on the victim story and therez usually no scientific evidence to back the claims. in other countries they will go as far as finding dna for the accused on or inside the complaints ntweno coz they hav beyond any reasonable doubt tie the accused to the victim but mostly in zambia its circumstancial. no wonder these judges can only work in zambia and in countries like congo

  22. if ts not defilment then ts child molestation ur honour tht girl wz used for blow jobs,ts the reason y shez stil a virgin

  23. If one of the girls suspected to be defiled is still a virgin then those Choncholis are innocent.But why do people sometimes make equivocal statements on such serious matters.Our police officers should improve when it comes to the way they handle investigations.Hope there is no foul play somewhere.

  24. What do you expect, the judiciary is corrupt in Zambia. I wouldn’t be surprised if Sata had a hand in all this.

  25. But she’s the one who found them with a case to answer a few weeks ago!!! I smell something fishy!!!

  26. ZAMBIANS SOME TIMES YOU ARE A DIASSPOINTMENT, “WELL DONE Magistrate Chitundu”, Proud of you &Keep up your ETHICS.
    NO one is Guilty until proven guilty. Follow ETHICs and don’t just wish to arrest a foreigner?? Let the truth and fairness prevail. We know our people sometimes. These SO CALLED VIRGINS CAN BE A PROBLEM ALSO. TATUFWA UTUBAICHE MU ZAMBIA??
    WE ALSO LIVE IN FOREIGN LANDS HOW WOULD YOU FEEL IF YOU HAVE BEEN PROSPUTED when Not Guilty??? Be a model in AFRICA THAN JUST CONDERM. YOU ARE A CHRISTIAN NATION, SO LIVE BY CHRISTIAN VALUES.

  27. @32 Mushota the sex worker- what is your point? For those of you saying the China men should be prosecuted…well, yes they should but on what grounds imwe bantu? The burden of proof was on the state. The state failed to prove that the accused china men were actually guilty. The witnesses were half believable if anything. The police compromised the case from the beginning. What else did you want the judge to do? In my heart of hearts, I want to believe that something happened with the China men and the girls. But the parents shouldn’t have encouraged the girls to lie about it. So at the end of the day, the girls are the ones who end up getting “screwed” here. There’s was simply no case, finito!

  28. if u dont now by justice in zambia only applies 2 people who are financially handicapped,judges are also corrupt,i smell something fishy in this curse

  29. If the chinese could not be identified then whom did you find to have a case to answer? hmmmmmmmmmm

  30. Fellow Zambians, its about time we learnt that once issues go to court, pipo have to prove beyond reasonable doubt and convince the court even if it is clear.  if the prosecuters fail to prove their allegations there is absolutely nothing that the judge can do. To much inconcistency in the witnesses’ stories are also dengerous in court.  

  31. I expted the case to turn out this way.The police did all they could even without evidence just to please Kambwili.Kambwili was always on tv prempting investigations hence spoiling police work.Politicians must learn to leave the police do thier work.Remember sometime in 2005 when a murder suspect escaped frm kitwe central police cells.Chulumanda then mp for nkana went on tv and demanded that officers who were on duty be arrested for aiding the murderer.That case ended in acquital.

  32. Nachula you are a vry dull person. The magistrate did not deny that the other girls were raped but said there was no evidence linking them to the case. If police failed to identify the accused do you expect the magistrate to jail any chinese? If witnesses told lies and if the evidence the witnesses gave did not link the accused to the crime what do you expect from the magistrate. Your relatives out poverty wanted to wrongfully accuse the chinese. The emotions of you buffalo Kambili can not take you anywhere. There are laws to follow which also protect the accused. Bali bafyonena mo bakolwe . muleke kukonda ndlalama. Muli no kuchula no bwato bwenu .

  33. yaba..where’s their lawyer and father chishimba kambwili who was so beahving like everything..?let him arrest them kaili..!

  34. I expected de out come to be this way coz of political influence from Kambwli.Kambwili has neva bin in police to tel them how to investigate.So to please him ,the police took the case to court knowing de was no proper evidence.

  35. you jambians toko toko too much. we just did the chukuchuku to your girls and paid them together with their parents. we have paid the police too and the court. we have also brought investment so why not acquit us. too much toko toko you.

  36. The PF cadres in the Police Service based their actions on emotions backedd by the xenophobia Sata and the PF generated on the Copperbelt. Hence aspects of non-compliance with the rule of Law.

  37. Things have changed now what do u expect from the goverment,the goverment is under the chinise it was Anticipated for the four chinise to be free, thats y the case was taking long .The police was ok to arrest the chinise but but but ………….

  38. .
    Lets all wake up !!!

    “”Defilement can also mean that a grown person asking an under aged girl or boy to have oral sex on them. So it does not matter if the evidence shows she is still a virgin””

    You can still go to jail for those acts. Its my hope that this judge has some awareness on her mind as a grown up person holding authority in the courts of laws

    As a person that has spent years funding the orphaned children and having personally banged the door on Levy & RB to step up against these evil acts, I am aware that things are very alarming in the dark streets of Zambia.

    Cont..

  39. .
    We hear such reports and sad stories from homeless under aged girls and boys that get picked up to be sheltered and rehabilitated in these centres. They often asked to person oral sex acts on grown men all for some loose change

    The sad part is that these culprits have gotten away. If at all the story is true

    I ask Zambians to join the CNN Freedom Project. I have just had the privilege to invite Actress – Demi Moore ( ex wife to Bruce Willis) to come to Zambia and champion the subject on sexual human trafficking. She is due to come sometime this year.

  40. These cases are usually loosely investigated by the police. The’d rather sit in their offices and build a case on hearsay, unless the victim/complainant is a politician, rich or abalishamo. We’ll never know the truth. So infuriating!

  41. While it seems hard to discern who the guilty party is … I blame the parents of the girls who willingly sent their daughters to go sleep with the Chinese. The Chinese are human too and they have feelings and will have whoever comes to them. If they had broke into these girls’ home and forced themselves on these girls that that’d be a different story. 
    True, the a Zambian in China would have been summarily executed. Such is the world we live in.
    Love your country and enjoy its freedom, beyond the boundaries of Zed are even fewer freedoms.

  42. The Zambian government must make it mmandatory in case of defilement and rape to use DNA testing and evidence. 

    • Thanks Wouter. I noticed the lubmar part as well. I am just unsure, if it just seems like it, because of all the layers Ib4m wearing, or if Ib4m indeed a little rounded. I will keep it in mind thought. Do you have any suggestions about the head. It really bothers me, that I canb4t keep it in line.

  43. #51Nubian: Why blame Kambwili, you think he was comparing his with the Chinese? It is the Chinese to blame, they misunderstand Size vs Age. They need to know that its not where one fits well, but how close one’s age is to the girl/ woman.

    • Elia Perez Posted on Kim thank you! Lupus is not the end of the world. I fight and challenge mslyef daily. Sometimes to the point of exhaustion, but I NEED to squeeze everything I can out of my days! I have always been like that. To my family it is more significant now the cotributions I make to our family. Stay strong Sis!

  44. Good evening

    This one is tricky. Despite the feelings of anger towards such unpardonable acts, I think the magistrate acted on principle by discharging the accused. The Germans would say “im Zweifel für den Angeklagten” meaning “in case of doubt, the benefit is for the accused.”
    One does not know whether these people were framed or whether the victims received money in return or whether it all happened in mutual consent. What remains is a poor testimony for our law enforcement authorities. They should have taken more time to collect evidence, innterrogate the offender, pass (preliminary) judgement and then hand them over to the judge to enforce final punishment. (call it CSI pattern but I think it is just as effective in real life.)

    • In this country, it is very difficult to arrest a Chinese. Remember the coal mine issue? Just watch out for the full implications of this against Zambians because the Chinese currently are untouchable. If you crossed paths with a Chinese working in Zambia, anywhere in Zambia and you say, stepped on him or did something he deems unfit for him, and HE GOES to Police, I can assure you will end up being the victim, no matter who who know in Zambia. It is a very worrisome trend and I do honestly believe we are slowly losing our sovereignty to these guys. But being away in another country, one would not understand the full extent of this scenario back home where Zambians are now going to be at the mercy of these guys who are willing to do anything to get their way. Its a very worrisome scenario.

    • Why do you say interrogate the “offender”? Aren’t we all innocent until proven guilty? …Or maybe you have been in Germany too long, I guess the Nazis didn’t think that way either.

  45. MCS holds choncholis in high esteem, so who r u to espect their arrest… Corruption in daylight.

  46. I’m appaled by the few people here who suggest the Chinese should have been convicted because Chinese all look the same and are hard to tell apart.

    You sound like the very worst sort of racist from aparthied South Africa or even the deep south of the United States not so long ago who convicted blacks on grounds that “all negros look the same.” Shame on you!

  47. MIYANDA for PRESIDENT. I have said it once and said it again, be is one of the few remaining old school people that know what being a man and a true golden African really is. Even when we told you you still argued based on Kinship; how I wish MIYANDA was the first MMD president.

  48. It was expected the outcome would be in favour of the chinese. No zambian can win a case against a foreigner in zambia so please wane just treat foreigners with care. The judge had to rule on past history e.g shooting sata in colmn mine of sinazongwe, Kambwili deporting a chinese at SINO ZAM hospital later SATA sends him to gabon to watch soccer..hahahahaha VIVA chinaman,,,slaugter to ma ZED girls, next time put it on the right place how come the girl is virgin

  49. *typo* he is.

    DNA testing exists in Zambia. I do believe the prosecution here was wrong and rushed emotional evidence. The one little one being a virgin is also good, because finding a virgin in the US is harder than finding wife material females.

  50. the prosecution team can appeal if they feel they can win the case in a different court or if they think they canbe more organised

  51. It is unfortunate about the fake evidence adduced by the magistrate. was nt one of the girls hit from behind, how can she lose virginity when it is yakumuyo done on her. Courts, corruption too much. Sata do something to reform these dirty places of Zambia

  52. I must be aquitted also. I committed no crime mwe bantu.
    I am just a simple and poor Zambian musician.

    • i wonder how these people are work, they just rush on cases without proper evidence, thank God you are released.

  53. Ba police pls when are u going to learn how to investigate cases, all u know is taking suspects pakampelwa so that they confess, what do u learn in the academy(if at all there is any pa zed). Dpp don,t allow half baked cases to go to court this is embarassing, awe mwe! Limbi fya lilyamo!

  54. Has this now become acceptable in our country? Everyday theres’s a story of Zambian girls being defiled by Chinese rapists and no action or conviction has ever been reported, or is it now a just DEFILE THEM AND PAY US, YOU’LL BE FREE situation?

  55. How can police arrest Sata”s INFESTORS? He needs them to develop the country. Some of you PF cadres are still having the atitude sata had towards the before 20th sept. MCS HAS CHANGED HIS POSITON ON CHINESE AND LEARN TO LIVE WITH THE NEW REALITY.

  56. Shissssss guys, the DONCHI KUBEBA slogan has started landing us into problems, these chong chong lee never said anything in court, they played DONCHI KUBEBA.
    Its a shame to these kids, there parents & our men in uniforms (policemen).
    Parentals balefwaya ukulyamo & these girls as young as they re ukutemwa ubwamba, just concentrate on schools please muletusebanya twapapata!!!!!

  57. You will reap what ur sowing. It is not suprising that the judgement came out like this, i mean this is Zambia and the system is corrupt. China can not be touched not even by P.F .Only Gods kingdom will save us, all rest is sinking sand. **** China, F%#K P.F. Losers.

  58. SO what happened to the poor woman that was sent to jail when she accused the girls of lying. And told the court that the kids where lying. i smell a lot of corruption here. or some thing big is not right

  59. It’s about time we started addressing these issues about child molestation and defilement. If these cases are not taken to court or people give a blind eye to the situation then it will only get worse and we will be sending the wrong message. These Chinese people are nothing but trouble to Zambia and doing injustices to Zambian people. They need to start respecting the Zambian laws, and the Zambian people. Look at what they are doing to the wildlife. They are the ones killing off Rhinos and other endangered species. They sell a Rhino horn for $65,000 in China or abroad. They are taking away from the Zambian economy and the tourism business. Get rid of all of them and send them back packing to their Chinese villages. They are nothing but peasants there so who do they think they are?

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