The Ndola Magistrate Court has convicted suspended ruling Movement for Multiparty Democracy (MMD) Copperbelt province chairman, Terence Findlay after finding him guilty of assault occasioning bodily harm.
Findlay 43, has since been sentenced to nine months simple imprisonment and ordered to pay a fine of K5 million.
Meanwhile, the same court has acquitted Findlay of two of the three charges which he was facing.
Findlay was facing charges of rape, unlawful possession and distribution of obscene matter and assault occasioning bodily harm.
Delivering judgement Thursday, Ndola Principal Resident Magistrate, Chilombo Phiri said the evidence adduced in court on the charge of assault was sufficient enough and collaborative to warrant the accused a conviction.
Ms. Phiri therefore found the accused guilty as charged and convicted him.
In relation to the charges of rape and unlawful possession and distribution of obscene material
the court acquitted Findlay saying there was no collaborative evidence to prove the charges.
Magistrate Phiri explained that the rule regarding sexual offences was that there must be collaboration in the evidence before the court for it to convict.
She said however that it could still convict in the absence of collaboration if there was something special.
She explained that in the case of Findlay, the court could not act on the uncollaborated evidence because even the medical report, which was critical in the
case, could not confirm the case of rape.
Ms. Phiri has since acquitted Findlay of the two charges of rape and unlawful possession and distribution of obscene matter.
In mitigation, Findlay, through his lawyer Paulman Chungu, asked the court to exercise leniency on him as he was a first offender.
He said both him and the complainant knew each other very well, adding that the incident which led to the assault was unfortunate.
He further pleaded to the court to consider that the assault for which he was charged was not fatal as the complainant did not even seek medical attention.
Facts before the court were that, Findlay was on unknown dates but between May 1, 2007 and June 2, 2007, allegedly had unlawful carnal knowledge of a 16-year-old girl of Ndola.
He was further alleged to have, between May 28th and June 3rd 2007, unlawfully distributed obscene matter in form of a disc labelled Bwaski , to the same named girl.
He was further alleged to have on June 2nd, 2007, assaulted her by burning her on the left buttock with a cigarette lighter.