State fails to avail witnesses in Kapiri homosexuality case


THE case in which two men are standing trial in the Kapiri Mposhi Magistrates’ Court for allegedly engaging in homosexuality has been adjourned to November 10. This is on account of the state’s failure to avail the remaining prosecution witnesses.

Before Kapiri Mposhi magistrate Ackson Mumba were Japhet Chataba, aged 38, a carpenter who is a resident of Ndeke compound in Kapiri Mposhi and Stephen Sambo, 30 who, according to the indictment before court, is a planning officer at Ndola City Council. It is alleged that on August 25, Chataba and Sambo were allegedly found by members of the public at a named lodge in Kapiri Mposhi having sexual intercourse against the order of nature.

This is contrary to section 155 [a] of the Penal Code, Chapter 87 of the Laws of Zambia as read with Statutory Instrument number 15 of 2015. Both Chataba and Sambo pleaded not guilty to the charge. Two state witnesses have testified in the matter so far. The prosecution was scheduled to bring an expert witness and arresting officer, among other witnesses on Wednesday.

But when the mater came up before court, public prosecutor Alex Cheelo informed the court that the state was not ready to proceed with trial because the remaining witnesses were not before court. Cheelo then applied for an adjournment in the matter.

Subsequently, magistrate Mumba adjourned the case to November 10 for continued trial. The two accused persons are being represented by Daniel Libati of Abba Patel and Associates, a Ndola based legal firm.

The matter comes up on November 10 for continued trial.

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