Civil rights activists Laura Miti has called for the the review of the court judgement in which Lusaka Magistrate Alice Walusiku acquitted PF Southern Province official Trevor Mwenda of a case of sexually abusing his biological daughter, Jane aged 19.
Ms. Miti said the acquittal of Mr Mwenda on grounds that the complainant’s testimony was self contradictory and could not be relied on since it was not supported by independent evidence does not make sense at all.
She said the entire judgment is flawed and illogical and unreasonable.
When the matter came up for ruling on case to answer on Monday, Magistrate Walusiku acquitted Mwenda saying it was strange that the complainant waited 10 years before deciding to report what her father used to do to her.
This is a matter in which Mwenda, 41, of Avondale in Lusaka has been dragged to court with his wife Racheal Kafula for indecent assault.
It was alleged that Mwenda, whilst acting together with his wife unlawfully and indecently assaulted his daughter Jane Mwenda between January 1, 2017 and January 31, 2018.
In the second count the duo whilst acting together between January 1, 2006 and December 31, 2013 unlawfully and indecently did assault their daughter.
Mwenda however pleaded not guilty to both charges.
On May 2, 2018, Mwenda’s daughter Jane, currently student at the University of Zambia had narrated before magistrate Walusiku that her father had started abusing her when she was only 12 years old.
She had told the court that her father would ask her to help him masturbate.
Jane had further narrated that her father would ask her step mother to tell Jane to go to their bedroom where he would abuse her.
“He forced himself on me and tried to put his penis in my vagina. He ejaculated near my vagina and told me I can’t get pregnant because I didn’t start my periods. I then went to the bathroom to… ” she had said amidst sobs.
She explained that she had told her biological mother about what she was going through.
Jane had narrated that she didn’t report the matter to the police because her father had threatened her.
She said her father had chased her out of his house after she suspected that he was also sexually abusing her 11-year-old sister.
“When I confronted him, he told me to pack my belongings and go. He said if I wanted I should go to the police or ZNBC because nothing was going to happen,” she said.
The 20 year old had further told the court that each time she asked her father why he kept abusing her, his response was that her mother also went through the same.
And Mwenda’s sister testified that her brother’s wife was aware of the abuse.
She testified that after Jane had narrated to her about what had been happening, she confronted her sister in law to explain why she had allowed her husband to continue sexually molesting the children under her custody.
Mwenda’s sister narrated that her sister in law’s response had been that “she did not know that the issue had continued.”
She disclosed that as she was talking to her sister in law, she was also recording the conversation and that the recording was available.
Mwenda’s sister narrated that when she asked her sister in law if it was some kind of a ritual, Mwenda’s wife responded that ‘Mwenda’s friends had been telling him lies’.
But Ms Miti has called for a review of the entire judgment as it makes no sense.
“A girl says her father sexually abused her systematically from age 9. She lives pained but quietly. Now older, she one evening sees her dad taking her little sister behind the house (like he used to do to her). She freaks out and confronts him. Tells him she won’t let him do to her sister what he did to her. She reports the case and it ends up in court.”
“This week, Magistrate Alice Walusiku acquitted the influential politician saying there was no independent collaboration of the abuse. Someone else should have seen it happen, it seems,” Ms. Miti stated.
“She asks why the girl took so long to report the matter. It’s a long time since I heard such flawed, just about illogical, reasoning underpinning a verdict,” she said l.
Ms. Miti has since called on the state to appeal the case.
“I think this case must be appealed by the state. A girl claiming abuse must not be victimized for when she reports the story. It takes a whole lot of bravery for a child to report her powerful father to the authorities,” she said.
“If she cannot rely on courts to, at least, reach a verdict on a premise that is somewhat reasonable – girls will not report these matters which we know are now endemic. Come on Zambia, what can we do to get this case reviewed?”
pervet
Laura Miti has become an attention seeker. If this guy was UPND Laura should have remained quite. Fake activists…an activist only when it evolves PF
Hard to comment. Only commenting because it’s political ritual.
Is that bed he was doing it to his daughters? If Laura is right. He must have a small diick.
Iwe Chi anonymous, what type of creature are you? That demon politician and the foolish judge need to be tried for separate cases each. One for assault and the other for defrauding the Zambian judicial process.
Does Laura Miti even have a boyfriend? Just wondering
and yet the biggest Perv Koffi Olomide is being allowed back in Zambia. WTF!
I believe the girl. This disgusting SOB needs to be incarcerated. The girl is truly traumatized and is ruined forever. Vitendeni!
I am with you on this one Laura.
Just sickening..he had the cheek to dare her to go ZP or ZNBC and he walks away …this why I like English courts when it comes to such matters especially involving a child/ woman…they dont mess about!!
What this man did is evil but why hasn’t Laura done the same on numerous similar cases? Many suspected pedophiles, defilers and incest perpetrators have been acquitted on flimsy grounds but Laura has said nothing but because it involves a PF member she is vocal. PF members are not aliens from space,; they are from among us and knowing Zambian politics the same would become Upnd tomorrow. Please Laura you are educated and know that you in your personal capacity can reactivate the case without playing to the gallery.
Stop bringing up nonsense. This Trymore Mweemba needs the courts to sentence him. All he did is foul. He committed incest and sexual abuse. May God comfort his poor children.
Ndanje, please two wrongs don’t make a right. Whether Laura complains about others or not doesn’t make what this man did right. Kindly take off your political glasses on this one. Thanks
On the contrary it’s you who is nonsensical. I don’t support what he did. …not at all and would be the happiest person if this animal got maximum sentence. The emphasis on what he belongs is what I am against. The guy who slept with his daughter in southern province certainly belongs to some party but there’s was no mention of the party. It’s like the party sent this chap to soil his daughter. …it’s the person not th the party.
Fwebene there are no two wrongs here, just one wrong and if the guy is found gu he should face jail. My concerns are that the emphasis is on the party he belongs to. I’m sur the chap can be something else such as farmer. I’ve said the same thing about mentioning Upnd when it’s member is involved in a crime. It’s not like political violence which obviously is directly connected to the party. That’s my issue. Calling my concerns nonsense is out of line. LAURA can easily reinstate the case without being political. …..we did it in my locality when a man abusing his granddaughters was acquitted. We ensured he attended Kamfinsa.
I’d like to believe this is a news worthy story on its own but what makes it even more news worthy is the position this person holds in the PF. So of course, when writing the story, that had to be mentioned.
Then you look at the skewed judgment and it gives you pause for thought.
A crime remains a crime even after 10 years. The magistrate should be probed over this case. There is more than meets the eye on this one.
Laura Miti share the bed with HH as the third woman. Associating the case with PF shows that she is associting herself with HH’s bed!
Are you normal?
Clearly not normal at all.
Today we are not laughing at your quirks. This is serious, attack HH and his loser ways on another topic. This *****ic PF chairman needs to be caged, the judge needs to be suspended for that nonsensical statement too.
I don’t know much about the law but this Walusiku, where did she learn her law? The circumstantial evidence from his own sister and his wife points the finger directly at this excuse of a father. Best example of how a woman takes down a woman. And the dumb reason – why did she take so long to bring it up?!? Do you have children? How about trying to walk just 10 meters in her shoes?
Is this PF cadre called Sharon normal? Her line of thought is just like Lungu- Total madness!
Appealing does not guarantee a conviction. The starting point is how well the police did the investigations and what sort of evidence they have. if the evidence is not strong enough the state can appeal to the highest court and will not win the case
Our judicial system is becoming a joke, they together with the police force have been turned into PF institutions. How in he world does this man go free, you can see the flawed interpretation of the law meant to protect the innocent and defenseless individuals now being used to protect the criminals solely because they are PF cadres. A judge acting like a defense attorney to pull down a witness’s testimony like that is just wrong. This is why PF cadres feel like they are above the law, just the mention of him being PF tells the whole story, had this been an opposition member it would have been a different story.
PF spokesman, that should tell you everything you need to know, had this been an opposition member PF would have forced or made the so called judge convict the person, now PF cadres are above the law getting away with crime and the so called judge taking sides to despise the poor girl’s testimony hope someone does that to this judge’s daughter and lets see what they are going to do.
These youngsters need justice. The rule of law must prevail.
There are numerous perverts in Zambia.
Check responses from Mwenda’s fellow perverts on this article.
The question Luara is asking has not been answered! How do we get the state to appeal this one?