The Chadiza Magistrate Court has withdrawn a defilement case involving a 23 old herbalist who was alleged to have defiled a 15-year-old girl.
This is in exercise of the criminal and procedures Code Chapter 88 of the laws of Zambia which gives authority to withdraw a case from prosecution.
The withdrawal of the case from prosecution sent the herbalist in a state of disbelief.
This was after the Public Prosecutor Bronson Banda asked the Chadiza Resident Magistrate Fred Musaka to withdraw the case following the last hearing.
On 10th January 2024, the Chadiza Magistrate Court had adjourned the matter to January 23, 2024 for continued trial due to inconsistencies in the evidence adduced by the juvenile victim.
When the matter came up for trial in the Chadiza Subordinate court on January 10, 2024 the juvenile failed to give a proper account of what transpired the day she was purported to have been defiled by the herbalist named Happy Phiri.
The juvenile who is a grade 7 pupil at Chadiza Primary School failed to explain what the herbalist did to her while she slept at his house in the company of a friend.
This was despite the court giving her enough time to give her own side of the story.
Particulars of the offence are that Happy Phiri aged 23 of Chadiza district in Eastern province, had carnal knowledge of the girl who is under the age of 16.
Phiri, of Kamwala compound, also a herbalist, is alleged to have defiled the girl between 1st November and 8th December 2023.
Two witnesses testified including the girl’s mother Agness Banda aged 31 testified in the matter.
The other witness was the section Chairperson named Mabvuto Kaila. Phiri, a Malawian National has since been released from police custody.
Magistrate Musaka has however, mentioned that should the State find more substantive evidence, it will not hesitate to re-arrest the accused.
Herbalist has used magic to confuse the prosecution.
LOL…. I agree, the herbalist’s magic has performed wonders. This is a classic
Exactly my thoughts. Muli ubuloshi umu.
Some clarification is needed here. Is it the court that withdraws a charge? Not the prosecution? I thought courts only pass judgement.
The girl’s mother is 31 years old and the victim is 15 years old. So even the mother was defiled when she had the child? start with her first.
Perhaps technically No. She was 16 when she gave birth. Lets assume she got pregnant early in her 16th year-not in her 15s. And the law then allowed her to have sex after 16
Defilement, just like assault, has 3 ingredients to secure a conviction. The medical report to confirm whether the victim was defiled, a birth record or another medical report to ascertain the age of the victim and the victim rightly identifying the perpetrator. These 3 are enough to establish a prima facie against the suspect, irrespective of testimonies from witnesses that include the victim. The Magistrate had a right to refuse to grant the withdrawal because such usually occur when witnesses are tampered with or families are paid lobola because in villages that’s what matter most. CJ must take interest in this matter