A MAN in his seventies has withdrawn his appeal to the Supreme Court against his conviction of defilement and the 15-year-sentence slapped on him by the Lusaka High Court for sexually molesting and impreganting his 14-year-old granddaughter.
James Mwale of Misisi Township in Lusaka on Tuesday withdrew his appeal to the Supreme Court bench consisting of Deputy Chief Justice Ireen Mambilima and Supreme Court justices Lombe Chibesakunda and Muyinda Wanki who sat in Ndola.
Mwale was convicted for defilement and given a 15-year sentence by the Lusaka High Court in 2009.
Facts of the case were that Mwale, between June 1, 2006 and July 31, 2007, in Lusaka had sex with his teenage granddaughter.
He was tried in the Lusaka magistrates’ court and convicted of the offence after which he was referred to the Lusaka High Court for sentencing.
It was on record that Mwale had informed the magistrate court that he had slept with his granddaughter because it was in his tradition, as a Tumbuka of Lundazi to have sex with grandchildren as a way to prepare them for marriage.
His wife, the victim’s grandmother also said it was in their tradition to surrender girls to their elders as a way to prepare them for marriage.
The girl was at the time living with her grandparents after they collected her from Lundazi when her parents died.
She was in Grade six at the time of the defilement and she eventually gave birth to a baby boy.
When the appeal came up on Tuesday, his lawyer, principal Legal Aid counsel, Nzovwa Chomba said he had instructions from his client to withdraw the appeal.
Ms Justice Mambilima said it was good for Mwale that he had decided to withdraw the appeal because her bench could have revised the sentence to give him stiffer punishment.
Meanwhile, the Chipata magistrate court has acquitted former acting Chipata Town Clerk Ronald Daka and two other senior council employees of five counts of theft by servant including money laundering charges.
The three senior employees were arrested by the Drug Enforcement Commission in 2003 for allegedly abusing more than K100 million provided by the Zambia Social Investment Funds and the UNICEF.
[ Times of Zambia ]