PF’s Trymore, wife acquitted

PATRIOTIC Front Southern Province information and publicity secretary Trymore Mwenda and his wife walked to freedom yesterday after a Lusaka magistrates’ court found them with no case to answer on a charge of indecent assault on their daughter.

Magistrate Alice Walusiku, in her ruling, said the prosecution had failed to establish a prima facie case against Mwenda and his wife Rachael Kafula.

Mwenda, 41, of Avondale and Kafula were originally charged with two counts of indecently assaulting their daughter, contrary to Section 137 (1) of the Penal Code as read with Act number 15 of 2005 of the Laws of Zambia.

However, count one was withdrawn under Section 88 (a) of the Criminal Procedure Code at the close of the prosecution’s case after which the accused persons were discharged, leaving them with only the second court.

In count two, Mwenda and Kafula, whilst acting together on dates unknown but between January 1, 2006 and December 31, 2013, are alleged to have unlawfully and indecently assaulted their daughter.

Ms Walusiku said a person against whom there is no prima facie case at the close of the prosecution’s case was entitled to an acquittal.

“In my opinion, section 206 of the Criminal Procedure Code (CPC) is mandatory and means that if it appears to the court that the case was not made out, the accused is entitled to an acquittal. The evidence on record has not demonstrated that a case had been made out against the accused persons for them to make a defence.

“In line with section 206 of the CPC, I acquit the accused of indecent assault on a female contrary to section 137 (1),” she said.

She observed that some of the alleged cases happened more than 10 years ago but the victim did not tell anyone when the incident allegedly happened and wondered where the girl was for her to only come out now.

She observed that the girl only disclosed the allegations after she was chased from home.

The girl had told the court that her stepmother (Rachael Kafula) used to take her to the couple’s matrimonial bedroom in the night and made to watch the two having sex.

She told the court that at one point her father (Mwenda) attempted to penetrate her but that he failed, adding that at one point he beat her when she refused him to touch her breasts.

However, Ms. Walusiku said her evidence was not corroborated and that the inconsistencies in her testimony could not be relied on.