IN a turn of events, the complainant in the case where five Ndola women are indicted for indecent assault after they inserted a beer bottle in her private part, has gone missing.
The five women inserted a bottle of Castle beer in the woman’s vagina as punishment for allegedly going out with the husband of one of them.
It is alleged that on December 1, 2018, Precious Kapambwe 25, Chisha 21, Margaret Mwansa 25, Catherine Banda 29, and Maureen Mutale 29, jointly and while acting together did abduct the victim in order to put her in danger of being subjected to grievous bodily harm.
In count two, the five are charged with indecent assault.
It is alleged that On December 1,this year, Precious Kapambwe 25, Bridget Chisha 21, Margaret Mwansa 25, Catherine Banda 29, and Maureen Mutale 29, did assault the victim thereby occasioning her actual bodily harm.
It is alleged that on the material day, in Ndola’s New Mushili Township, the victim was having drinks at Start Point bar at Masala Main Market with Harrison Mwanza, the husband to Kapambwe.
Whilst at the drinking place, Kapambwe showed up in the company of four of her friends.
It is alleged that upon seeing his wife, Mwanza ran away, leaving the victim alone.
Kapambwe then picked the victim by force and took her to her home where she was allegedly forced to undress.
In a video that went viral on social media, the women are seen holding the victim’s hands and legs while others are seen inserting a bottle of Castle beer in the victim’s vagina.
The women are also heard warning the victim to stay away from married men as another captured the ordeal on her phone.
However, when the matter came up for trial before Ndola chief resident magistrate John Mbuzi, the State informed the court that the complainant had gone missing and demanded that the arresting officer explains her whereabouts.
“I did receive the summons for the witnesses and only managed to find one witness, the father to the complainant who indicated that the complainant left home and he is not aware of her whereabouts. However, I managed to inform the father to be before court. As at now, I’m not in the position to know where the complainant is. Some few days ago, I received a strange call on my line and I spoke to the complainant who indicated to me that she is in Lusaka and that she was not willing to appear or attend court, reasons based by her self. She further indicated that she is in Lusaka and will never come back in Ndola,” the arresting officer identified as Francis Banda told court.
But the state insisted that the witness was interfered with.
“We are convinced that the witness was interfered with. There is no any other way apart from interference,” the State contented.
The State then applied that the father who was before court explains the whereabouts of his daughter.
However, the defence team tried to object to the application but magistrate Mbuzi ruled that the father, despite being the main witness, would explain only the whereabouts of his daughter.
“I don’t know where my daughter is. I don’t know where she is and I’m still looking for her. She left home on December 7, [that] is the last time I saw her,” Sheikh Mwanakambwila, a tomato trader at Min Masala, said.
But the State maintained that the witness was interfered with and applied that the bail given to the three accused be revoked.
After the State and the defence argued, magistrate Mbuzi made a ruling.
“I will grant two conditions; one to issue summons to the witness, or two will compel the State to proceed without the witness. I will grant one adjournment. This matter will come up on January 7, 2019 for trial. The three will have their bail extended while the two will remain in custody,” said magistrate Mbuzi.