Kapiri ‘gay couple’ found with case
Published On March 5, 2014 » 1823 Views» By Hildah Lumba » Latest News
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TWO men in Kapiri Mposhi alleged to have been engaging in homosexual acts have been found with a case to answer.
The State lined up eight witnesses in the case against Philip Mubiana and James Mwape, both aged 21, who appeared for allegedly having carnal knowledge against the order of nature.
In the first count, Mubiana between April 11 and 27, last year, allegedly had carnal knowledge of Mwape against the order of nature.
In count two, Mwape was alleged to have permitted Mubiana to have carnal knowledge of him against the order of nature.
In count three, Mubiana on May 5, 2013 was alleged to have had carnal knowledge of Mwape against the order of nature, while in count four Mwape was on May 7, 2013, alleged to have allowed Mubiana to have carnal knowledge of him against the order of nature.
In his ruling, Kabwe principal resident magistrate John Mbuzi, sitting in Kapiri Mposhi, said the court had found the accused persons with a case to answer and put them on their defence.
William Ngwira from SBN Legal Practitioners of Lusaka representing the accused persons requested for time for him to get further instructions from his clients.
The two could not state whether they would give evidence on oath or opt to remain silent.
The matter will come up for defence on March 13, 2014, while Mubiana and Mwape were remanded in custody.
During trial the court threw out an application by the defence lawyers who had applied that the testimony by Melody Luhanga, a medical licentiate officer, should not be admitted as evidence on the basis that he did not qualify to be an expert witness.
But Magistrate Mbuzi stated that Mr Luhanga had an advanced certificate in medicine and had been examining patients for a long time.
Mr Mbuzi said Mr Luhanga had acquired enough experience and was, therefore, qualified to give evidence in the courts of law.
Another witness, Andrea Bandula, a senior resident medical officer at Kapiri Mposhi District Hospital, in his testimony said he conducted physical examinations on the two suspects on May 2, last year, after they were brought to him by the police to ascertain allegations that they had engaged in sexual acts.
Dr Bandula said he obtained a verbal consent from the suspects before examining them and taking samples from them for laboratory investigations, but could not order for forensic investigations on the suspects because the 72-hour window had lapsed.
He told the court that during physical examinations he discovered the presence of anal warts and dilation of the anal pipe on Mubiana, as well as bruises on Mwape’s manhood, results which he said were consistent with the alleged charge against the duo.
He, however, said the laboratory tests on the duo came out normal.
Arresting officer Rayford Hamiyanze said he arrested and charged the two after investigating the matter following a complainant from one of the accused person’s older sister.

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