The Ndola Magistrate Court has set April 21st, 2008 as the date for the ruling in the case involving suspended MMD Copperbelt Provincial Chairman Terence Findley.
ZANIS reports that Ndola Principal Resident Magistrate Chilombo Phiri adjourned the case to April 21st for ruling and set March 28th, 2008 as the date for the defence to submit its written submissions to the court while the state will submit its submissions on April 11th, 2008.
The matter, which had came up for continued defence today, saw the defence team inform the court that there was a change in their earlier indication that they would bring to court nine witnesses.
Defence Lawyer Paulman Chungu informed the court that the defence would instead only bring two more witnesses to the court in addition to the five that it had previously brought.
And in cross-examination, one of the defence witnesses Martin Mulowa, 20, a school leaver of 26 Lewanika road, said he did not observe any injuries on Isabel Phiri during the period he offered her accommodation at his brother’s house.
When asked by the state prosecution team led by state prosecutor Mulongwa Mutakela whether he had examined Isabel’s entire body, Martin responded that he had only seen the top part of her body from the waist as she was changing her clothes.
He further said he was not there where and when it was alleged that Mr Findlay burnt Isabel with a cigarette lighter and added that he knew nothing about the pornographic DVD known as Bwaski 1.
Another witness Kaponda Mukeya 17, of house number 8 Kopa road, a pupil at St Andrews High School, testified that some time last year in June, he had offered accommodation to Isabel Phiri and her friend at his parents home after he was told that she had been chased from her parents home because she went clubbing the whole night.
Kaponda popularly known as ‘Popo’ testified that he had asked the girls to stay outside the gate and wait for his parents to sleep so that he could let them sneak inside the house.
He explained that after 21:00hours he went out and helped the girls to climb the wall fence, and that after they jumped in, dogs started barking and the girls rushed back and tried to jump but that at that point Isabel hurt herself on the hand and somewhere behind.
When cross examined Popo, who had taken the court to view the wall fence at house number 8 Kopa road, said that he did not see Isabel hurt herself as it was dark but that he saw that she had trouble climbing the wall fence and added that the following morning was when he was told that Isabel had hurt herself.
Defence Lawyer Chungu informed the court that the defence had closed its case and that it wanted to file written submissions to the court.
Mr Findlay,43, whose legal representation includes lawyers Eric Silwamba, Lawrence Matibini and Paulman Chungu, was this morning accompanied to court by Mr Chungu alone.
Mr Findlay is charged with three counts of Rape, Unlawful possession and distribution of obscene matter and Assault occasioning bodily harm.
Facts before the court are that Mr Findlay on unknown dates but between May 1, 2007 and June 2, 2007, allegedly had unlawful canal knowledge of a 16 year old named girl of Ndola.
He is further alleged to have, between the dates of May 28 and June 3 2007, unlawfully distributed obscene matter in form of a disc labelled ‘Bwaski 1’ to the same girl and that he is further on June 2, 2007 alleged to have assaulted her by burning her on the left buttock and hand with a cigarette lighter.