Kaoma Magistrate Bornface Mwala yesterday convicted a 41-year-old intelligence officer in Kaoma district of Western province for rape contrary to section 132 of the penal code CAP 87 of the laws of Zambia.
Magistrate Mwala convicted Gilbert Banda 41, of Chisambo village of chief Chanje in Chipata district and committed him to the high court for sentencing.
Particulars of the offence were that on September 26, 2012, Banda did rape Laetitia Mukakuranga 34, a Rwandese and a pre-school teacher refugee at Mayukwayukwa refugee camp.
Magistrate Mwala said that the court had no option but to convict him accordingly as the evidence from witnesses was overwhelming.
He said rape cases were on the increase in the country and the district as a whole and he will be failing in his duties if failed to convict the accused.
Magistrate Mwala said Banda being an intelligence officer from the high office of the President was suppose to conduct himself in a reasonable manner other than engaging in sexual offences whilst on duty on someone who is a refugee.
And state prosecutor, Mutwamo Nyambe told the court that Banda was the first offender but that the offence committed was serious considering that the victim was a refugee.
And Banda’s Counsel Abraham Mwansa applied for a bail pending appeal and also requested the court to be lenient on him as his client was of fixed abode and civil servant whose work place is known.
Mr Mwansa said his client would abide by all the regulations that the court will impose on him.
But the state prosecutor said that they needed time to study the application made by the defence so that they could reply later.
And the matter has since been adjourned to January 28, 2013 for state’s reply, meanwhile Banda is remanded in Kaoma state prison.
ZANIS
So sad
YOU REAP WHAT SAW NYELENYELE MBUYA MA SPERMS YALIMO.
I dont think the magistrate could have said this:
He said rape cases were on the increase in the country and the district as a whole and he will be failing in his duties if failed to convict the accused.
This can only be a reason behind a sentence not the reason for convicting someone. Journalists? Lawyers?
It is not journalists’ fault in this and many other cases. Judges make such irresponsible pronouncements and you would wonder how in H they ended up being a judge with such shallow reasoning. You would expect one to say the evidence presented is irrefutable. But awe sure.
Mutototo at work. Management lesson, before you take mutototo, First, look for a woman who is willing. not vice versa
LT, come on! What’s a “refuge” ?!
This was a honourable decision by the charge considering that Kaoma is a small rural areas and in such places the intelligence officers (OP) are a law upon themselves. I commend the judge/magistrate for not compromising just because of the nature of the job of the accused. In fact the fact that he raped a refugee…someone seeking refuge in Zambia even makes the crime more abhorable.
chapi pa ba OP.
Its sad to note that a high officer from office of the president could sink so low as to rape someone. is he married this officer? He deserves a good slap at least 20 yrs. He cannot say he doesn’t know his a man of the law
That is another misstatement by the judge. No one is supposed to rape no one, period!
Sometimes these Rwandese ladies are very enticing to taste what they are made of.
TOO BAD MY BROTHER
Fisi izi!serves him right ni nyele ya bwanji shuwa..ba intelligence offisha tamwakwata abakashi ku ng’anda?even if u dont have a wife..ma hule ku paka please ..just pay one of them to sort out ur business..mwati ku la sebana muli ishi misango kwena!…and then again..i digress! but why do we still have rwandese refugees when the wars been over and they are one of the fastest growing economies in africa?..or did the journalist just make a mistake referring to our sista as a refugee..if we still have rwandese camps then sumbodies slacking..repatriate repatriate please…they need to go to their country where they can be better off and let us zambians continue destroying our country and raping n killing eachother kaili ti libe nzelu..
Non un dettaglio, quindi, quantomeno a livello simbolico. Che va ad aggiungersi ai motivi di disaccordo, alle divisioni e alle contestazioni di un’opinione pubblica divisa sulla figura e sull’eredità controversa di Margaret Thatcher, fino alla fine.