Kabwe Principal Resident Magistrate John Mbuzi has found a brother and sister facing incest charges with a case to answer and has put them on their defense.
Mr Mbuzi said the state prosecutor Jonathan Kazunga had gathered sufficient evidence to prove a case against the two.
This is in case where Maureen Musonda and Aaron Musonda of Makululu compound are facing two counts of incest, in count one incest by male contrary to Section 159(1) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that Aaron Musonda on dates unknown but between December, 2013 and February 27, 2014 in Kabwe knowing Maureen Musonda was his sister had unlawful carnal knowledge of her.In count two statement of offence incest by female contrary to section 159(1) of the penal code chapter 87 of the laws of Zambia.
Particulars of the offence are that Maureen on dates unknown but between December 1, 2013 and February 27, 2014 in Kabwe knowing Aaron to be her brother permitted him to have unlawful carnal knowledge of her.
In defence Maureen denied that Aaron had canal knowledge of her adding that despite Aaron asking her for sex she refused to sleep with him.Maureen said she never shared a house with Aaron in Makululu and was surprised that one night Aaron knocked at her door and when she opened the door Aaron entered the house and demanded for sex.
She said after refusing to have sex with Aaron a fight erupted between the two and the neighbours called police officers who rushed to the house.
Meanwhile Aaron told court that he never met Maureen in Makululu and the two did not engage in any quarrel.
Last week Magistrate Mbuzi instituted a trail within trial to establish whether or not Aaron willingly and without intimidation admitted to the charge after Aaron told court that he was threatened by police officers to admit the charge or face beatings.
Aaron told court that police officers threatened to beat him up if he did not admit the charge adding that he was scared and admitted.During the trial within trial arresting Officer Margret Ngoma a police inspector at Kasanda Malombe police post in the Victim support Unit told court that on February 28, 2014 she took over the case of incest
that was reported by Charles Musonda uncle to the two accused.
Ms Ngoma told court that after interviewing Aaron he admitted to having had carnal knowledge of his sister as he did not know they were brother and sister at the time.She told court that Aaron was not intimidated neither was he forced to admit the charge as he was claiming.
Mr Mbuzi ruled that according to the evidence before court and the testimony from the state’s two witnesses it was clear that Aaron willingly admitted to the charge and court would proceed and the warn and caution would be used as evidence in court.
He has since set October 20, 2014 as date for submissions from the state and November 4, 2014 for judgment in the case and Aaron has been remanded in custody whilst Maureen’s bail has been extended.