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Saturday, August 8, 2020

Case in which UPND cadres attacked a Luwingu DC adjourned

Rural News Case in which UPND cadres attacked a Luwingu DC adjourned

Court hammer
Luwingu magistrate Davy Simfukwe has adjourned a case involving six United Party for National Development (UPND) cadres who allegedly beat up Luwingu District Commissioner Patrick Chanda to 1st December 2015.

This is in matter in which UPND cadres are charged with assault occasioning bodily harm contrary to section 248 of the penal chapter 87 of the laws of Zambia.

It is alleged that on unknown date but between 26th August and 23rd September 2015, while on duty, during campaigns in Lubansenshi constituency, the UPND cadres acting on a tip off descended on Mr. Chanda, the newly appointed District Commissioner for Luwingu district.

The cadres allegedly accused Mr. Chanda of campaigning for the ruling party at Lwena Roman Catholic mission in Luwingu district of the Northern Province.
The adjournment was necessitated by the absence of the lawyer representing the UPND cadres.

In another development, a clinical officer at Luwingu district hospital Mubanga Chellah testified in a matter involving a Kapisha primary school teacher Brian Musonda 27, who is charged with defiling a 12 year old girl contrary to section 138(1) chapter 87 of the laws of Zambia.

Ms. Chellah told the court that the medical evidence which was presented before the court indicated that there were no visible wounds seen on the girls’ private parts.
She explained that although there was no wound on the girl’s private parts, the reports shows that there was sexual intercourse.

Ms. Chellah testified that some white discharge was coming out from the private parts of the girl, which is not normal for a 12 year old girl.

And a Congolese medical doctor also testified that according to the medical findings presented before him by the clinical officer, the child was defiled.

And the arresting police officer, Kelly Simwala, said it was on 29th October 2015 around 08:00 when he reported for work at the police station and he was given a docket of defilement involving a minor.

Mr. Simwala said he then summoned two witnesses for further questioning among them was Brian Musonda, the accused.

He explained to the magistrate that the accused was interrogated and a warn and caution statement was recorded from him.

He said he also received a medical report form from the Luwingu district hospital bearing the names of the victim indicating that the minor was defiled by the accused person.

And in his defence, Mr. Musonda said there was no way he could defile the minor in a classroom or staffroom because there were teachers at school on that particular day.

Mr. Musonda told the court that he had only punished the three pupils to sweep the deputy head teacher’s office.

He further said all the allegations against him were false and that the witnesses who testified before the court did so based on what the minor explained in court.

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