Trial involving two Kapiri Mposhi men accused of being in a homosexual relationship was yesterday moved from open court to camera following sordid revelations that bordered on vulgar language.
James Mwape is alleged to have had carnal knowledge of Philip Mubiana against the order of nature between april 11 and april 27, this year.
The trial of the two men, both aged 21, resumed in a Kapiri Mposhi magistrate’s court yesterday presided over by Kabwe principal resident magistrate, John Mbuzi.
Murmuring filled the court as Mr Mbuzi decided that the matter be heard behind closed doors due to improper language.
During trial, a witness, Judith Wakumelo told the court that the two suspects were fighting and taken to the Police.She told the court that she was insulted by one of the suspects in the process of separating them while fighting prompting her to take them to the Police.
Asked by defence lawyer Sunday Nkonde whether the two were found having sex, Wakumelo told the court that no one found the two having sex.
She said during the arrest of the two men, she heard Mubiana telling police officers that he was female.Ms Wakumelo, of Ndeke township in Kapiri Mposhi, said after their release from police custody, the accused men continued staying together, which prompted the police to re-arrest them.
She said Mwape told police officers that he acted as Mubiana’s husband at the time the two were staying together.
“I heard phillip tell the police that he was both male and female and that he wasn’t a woman. James at first refused to respond but later said that he was Phillip’s husband,” Ms Wakumelo said.
Another witness Sharon Mubiana the sister to one of the accused told the court that on the material day she called her neighbors to come and help separate the two accused who were fighting.
She told the court that after managing separating the two with the help of neighbors they took them to Police were they were locked up, but that later she managed to have her brother released on Police bond.
Ms Mubiana who turned hostile in court told the court that she went back to report the two to the police the second time upon realizing that the two might meet again and start fighting.
In the second count, Mubiana is alleged to have permitted Mwape to have carnal knowledge of him against the order of nature.
In count three, Mwape on may 5, this year is alleged to have had carnal knowledge of Mubiana against the order of nature.
In the last count, Mubiana allegedly permitted a fellow male, Mwape to have a sexual encounter against the order of nature.
Trial continues today.