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Ex-soldier narrates how a wrong defilement conviction ruined his life

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A Serenje ex-military officer yesterday left the Legal and Justice Sector Reform Commission with mixed reaction after he narrated of how he suffered imprisonment on charges of defilement which led to the loss of all his financial resources but was later acquitted.

Major Nicholas Munthali of Serenje District in Central Province told the commission that because of negligence by the police and the magistrate he was made to serve prison sentence for three years at Mukobeko Maximum Prison before the truth was established to warrant his acquittal.

He explained that during the process of proving his innocence in the courts of law he lost all what he worked for in the civil service due to high legal fees.

Major Munthali sent the commission into laughter after he disclosed that the police believed the story of a young girl who was merely dreaming of being defiled and arrested him which later went to court
without proper investigations.

He stated that it took him three years for the high court to prove that he was innocent and by then he had lost almost all his property.

He observed that the police do not investigate before arresting people, a situation he said has led to congestion in remand prisons and delayed justice.

He also submitted that the local courts should be abolished in Zambia as they do not serve any purpose because they are not in consistence with other courts but a mere source for corruption for local court justices.

He called on the judiciary to closely monitor the operations of the local courts and the prisons to ensure that corruption and perpetuation of human rights violation is avoided.

28 COMMENTS

  1. I think the worst in Zambia beliefs today, lead by their politicians are:
    1. Satanism
    2. Defilement
    3. Witchcraft (which used to be the only uncivilized accusation, but now has even being surpassed)

    • So you think you are clever Mushota you are not. Munthali is from the east not Tonga. No wonder we can not develop with such kind of creatures like mushota. The guy is not guilty he is acquited . Mushota are you real?

    • Mushota may I advise you !Your hatred of Tongas with a passion will one day send to ICU after suffering from a heart attack.

    • I totally agree with Mushota at 1.0 above. That guy is as guilty as Lucifer,You can judge from the tone of his language. And of course the burger is a Tonga, I know him. He grew up in Mazabuka, his mother is from munjile village in Magoye. He used to stay with his uncle, a Zambia Sugar employee, before he joined the army in 1991. His biological father was Tyson Hachigabalala. He died when Nicholas was just three years old. Nicholas acquired the sir name Munthali when his mother married a certain Tumbuka man who had come to work at Zambia Sugar.

      Thanks.

    • Mushota goes straight to the comment box, before reading through, coundnt even see the man is called Major Nicholas Munthali!

      He has chosen this stage to show his immaturity!

    • So defilement is ‘an uncivilised belief?’ Sounds interesting!Why don’t you be courageous enough like the major and confront the commission on this your notion.you cud probably end up saving a lot of souls from injustice out there.

  2. The army officer has an option. Sue the Attorney General, the cop who arrested him and all his accusers for damages and restoration of all that he lost through legal fees and otherwise. This could restore him to his former economic position, if not better!

    • @(S)ata
      Too bad you think I’m dreaming. On the contrary I’m not, because I,m knowledgeable in the field with many years at the Legal Bar. So, sir, perhaps you are the one that is dreaming here due to your lack of knowledge!!

  3. Very unfortunate.I agree though on the part of the local courts.They must be abolished due to rampant corruption.I have first hand experience how one local court justice used to rip out people.He used to demand to be paid for one to win a case.So many people lost cases they were not supposed to because of corruption.

  4. I find it strange that the girl was “dreaming” and you were wrongly charged…. A number of questions come to mind.

    Did you know the girl before this incidence? If so…
    What was your relationship with her?
    Why would she think you had defiled her if you hadn’t touched her?

    The fact that you were acquitted doesn’t prove your innocence.
    You know in your heart so does the girl and God the real truth.

    • @Pretty
      How else would you want him to prove his innocence other than an acquittal? You may not know it, but there are people who have been framed by others for various reasons. I have seen it happen, and in some instances some framers have come forward to confess. The officer could have been framed! Can you call God as a witness in our courts?

    • @St. Jude ….I didn’t say “call God as a witness”…..but rather “God, the accused and the defendant know the real truth”.

      Yes, the officer could have been framed but it could equally interesting had he shed light on what relationship he had with the defendant.

    • Pretty,
      Those questions are usually asked in Court. I am sure he gave that story. A lot of rot is going on and you just can not conclude. Justice is for all.

    • Spot on. The magistrate hears the testimonies from all the witness, prosecution and defense. He or she is more informed than the high court judge who merely reads through what the magistrate has written. The high court judge is less informed.

  5. @Mushota

    I think the idea of commenting for the sole purpose of standing out or to attract attention should be avoided. Comments on tribe, religious creed and race should be avoided.

  6. I totally agree with Mushota at 1.0 above. That guy is as guilty as Lucifer,You can judge from the tone of his language. And of course the burger is a Tonga, I know him. He grew up in Mazabuka, his mother is from munjile village in Magoye. He used to stay with his uncle, a Zambia Sugar employee, before he joined the army in 1991. His biological father was Tyson Hachigabalala. He died when Nicholas was just three years old. Nicholas acquired the sir name Munthali when his mother married a certain Tumbuka man who had come to work at Zambia Sugar.

    Thanks.

  7. Justice in Zambia is for sale and the highest bidder carries the day.
    Wicked as it may sound,but that is the kind of justice we have in Our land period. Anyone who has ever been involved in a police or court case will agree with this WICKED AND UGLY reality

  8. That’s why death sentence must be abolished … so many innocent victims have been ‘murdered’!!

  9. mushota is childish and will never grow, enjoys when comments on issue which will center attention on her. she is suffering form loss self- esteem. has nothing to do but to tease readers on serious issues because she is a sadist. if you realise when touched on nerves even use abuse language you can see is one of elder who never grow only death will saver her.(one thing is I doubt if the gender shows is true you never know with sick popi)

  10. The majors story is a sad story and it can happen to anyone. Cases of rape and defilement are quite tricky in that the mental state of the complainant can lead to the actual accused person or an innocent person being arrested. The pressure on the victim to identify her attacker, the emmotions from guardians relatives or in some rape cases spouses may cause victims to point out the wrong persons. Worse still womens rights activists have caused courts to lean towards the victims instead of being neutral.

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