homosexual relationship entering the court room in Kapiri Mposhi
JUDGEMENT in the case involving two men of Kapiri Mposhi allegedly practising homosexuality could not be delivered yesterday, for a third time, because the trying magistrate was indisposed.
And the United States (US) and German embassies and the UNAIDS are, however, unhappy that Philip Mubiana, a hair dresser, and his alleged partner James Mwape, a brick-layer, have been in custody for a long time.
Kapiri Mposhi magistrate in charge Ackson Mumba yesterday said he was aware that Kabwe Principal Resident Magistrate John Mbuzi was expected to deliver his judgement but he was indisposed.
Mr Mumba said Mr Mbuzi indicated that he would be ready to deliver his judgment on July 10 this year.
“He asked me to find a suitable day. From the look of things, judgement is ready but somehow he is indisposed,” he said.
The accused’s lawyer, Sunday Nkonde, however, told the court that July 10 was not suitable for him and asked if judgment could be delivered at 10:30 hours on July 3.
Mr Nkonde also said he was only aware that Mr Mbuzi was indisposed around 08:40 hours after the prosecution informed him.
Earlier, public prosecutor Alex Cheelo said Mubiana and Mwape were appearing in court for judgement.
“The two accused persons are here. It is a matter coming before the PRM [principal resident magistrate]. It is scheduled for judgement today,” Mr Cheelo said.
“However, since the trial court is not coming, we are applying that this matter be mentioned by this [Mr Mumba’s] court,” he said.
After hearing from both the prosecution and defence, Mr Mumba told Mubiana and Mwape that Mr Mbuzi was indisposed and he had adjourned delivery of judgement to July 3 next week.
Mr Mumba later had a meeting with Mr Nkonde in his chambers.
After the adjournment, United States embassy Charge d’Affaires David Young, German ambassador to Zambia Bernd Finke and UNAIDS country director Helen Frary expressed disappointment at the adjournments.
“Unfortunately, the case has been adjourned without a decision. They [Mubiana and Mwape] have been held for over a year without bail.
“We believe that is unfortunate,” Mr Young said in a joint statement.
The two men, both aged 21, were charged with offences of having sex against the order of nature, contrary to the Laws of Zambia.
In count one, Mubiana allegedly permitted Mwape, between April 11 and April 25 last year to have sex with him against the order of nature.
In count two, it is alleged that Mwape, on unknown dates but between April 11 and April 24 last year, permitted Mubiana to have sex with him against the order of nature.
In count three, Mwape is accused of having permitted Mubiana to have sex with him on May 5 last year while Mubiana also faces the same offence in count four.
The two have denied any wrong-doing, but Mr Mbuzi in March this year found them with a case to answer and put them on their defence.
They were arrested in April last year and have been in custody since then.
The court denied them bail after the State countered the defence application for bail.
Please send them home. At his point, with all this humiliation I don’t think they will ever feel randy again!
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Why don’t you publish it on here so we can dissect and get rid of it. Why the privacy? For your information most Zambians don’t want to have sex the unnatural way. Like all animals they are able to distinguish without a doubt the purpose each of our organs was designed for. You don’t for example, even if you are drunk, use your mouth to defecate, or use your anus to talk to people, or do you?
This case has been dragging for far too long! Let the two boys go free! I can’t imagine how much their families have suffered. I may not tolerate homosexuality but come on, can we move on please! Free the boys. Stupid thieving politicians are roaming free and yet u wana continue harassing two harmless boys. For what???
Free them please.USA cut aid to Zambia.
Only morally corrupt individuals can and will support such inhuman behavour! I would rather these Americans and Germans cut their Aid than impossing immorarity on our Nation Zambia! STOP THE ROT ZAMBIANS!!!!!!!!!!
@chatsha, even if they cut aid so what, can you allow some one to drag you to hell because of money, far be it, let me suffer this time not to go to hell for good.
basiyenni ba chinndane. ninnyele yano?
As usual, America gets very excited about sex, especial homo-sex. Foregoing all the good reasons for which aid could be cut so as to foster development and advancement only to choose the issue of unnatural copulation. Yaba! Imagine what they would do to you if you claimed to have two wives in their country!
Actually they allow the Mormons to, so what’s your point?
As same sex relationship is consecial & in private then nobody has the bussiness to get bothered, That’s absolutely wrong to arrest innocent people who love each other, Don’t punish people of Zambia just because of Gays, This is the time to respect human rights for the minority people like Gays & Lesbian, What Crime they have commited? It happened here in Malawi but it doesn’t work at all, Same sex relationship is it a Crime? Wake up my Brothers & Sisters
Fine, let them soil their organs in each others sewerage, but only on condition they don’t market and champion this filth as an accept way of life, for all to adopt. I hope you get the point.
am terribly suprised with these two diplomats who have no sense of shame to show solidality to abominable behaviour conducted by these two *****s,
actually this other diplomat from germany so called finke was busy baptising children at st ignitius catholic church this year easter holiday , imagine his behaviour to support homosexuality , this is stupidity of the worst kind.
he was baptising children with father chilinda, this year in april 2014. infact when i saw him at church i was wondering what type of catholic father st ignitius had recieved he looked like he had been drinking the whole night his mouth looked redish like he was in cells ,
actually this man is a homosexual ***** coming to zambia to confuse our generation, with his stupid american friend .
The trial magistrate was indisposed. Its easier to say he was ill.