Rapist denies police pink underwear evidence, agrees to act

A twenty – six  year old man of Katete district has challenged evidence before court after he was accused of raping a woman.

David Phiri of Chibolya compound in Katete district disputed before court the pink underwear evidence that was presented by a state witness constable Mulele.

Phiri told Katete magistrate Mary Musongole that Brandina Banda wore a white underwear and not a pink torn one presented before court.

He told court that he wondered why the complainant reported the matter to police when the two had agreed to have sex.

Phiri further explained before court that on the fateful day he found Brandina fighting with a woman at George tavern after which he separated the two and took Brandina to her home.

He stated that whilst there Brandina asked if he could have sex with her and how much he could pay afterwards.

Phiri told court that he then agreed to pay a K40 but stated that he had no condoms.

 

In challenging the police evidence Phiri told court that it was not true that the complaint was raped adding that it was her who led him into the house.

He then explained that Brandina slept on a raid mat and spread two blankets a point that coincided with what the police established.

She said if he truly raped the complaint he couldn’t have taken time to know what she sleeps on and what she was wearing.

Phiri told court that he later realized that he did not have the 40 Kwacha after her finished having sex but agreed that he would pay the following day.

But police constable Mulele told court that the complaint reported the matter on May 27 this year that she was raped by an unknown person.

The police officer then informed court that police then instituted investigations in the matter but later the complainant came and informed police that she had seen the person who had raped her at the market.

However Phiri told court that he had a witness in the matter whom he could only identify as Amake Mfumu.

 

Phiri stands charged with the offence of rape contrary to section 132 of the penal code and cap 87 of the laws of Zambia.

It is alleged that Phiri on May 26 did have carnal knowledge of Brandina Banda without her consent.

The mater has since been adjourned to September 29 for continued defence.

Meanwhile, trial has commenced in a case involving Gift George Hanseluka  who is alleged to have been conducting unlawful drilling contrary to section 66 (1) (a) of the penal code and cap 87 of the laws of Zambia.

Hanseluka also stands charged with 16 other counts for obtaining money by false pretences contrary to section 309 of the penal code and cap 87 of the laws of Zambia.

Four witnesses testified in the matter  and told Katete Magistrate Mary Musongole that Hanseluka  recruited them into private investigations and assured them that they will be employed by government.

One of the witnesses Gloria Phiri of Petauke district told court that Hanseluka assured the recruits that they would be employed in government departments such as Office of the President, Zambia Wildlife Authority, Zambia Revenue Authority, Forestry Department, Drug Enforcement Commission, ZESCO, Immigration, Councils among others.

Phiri told the court that Hanseluka charged her a K25 application fee and K750 as training fee.

 

She told court that on 21 August this year the recruits were then taken to Kavila community school were they begun their training at around 03:00 with a road run.

She further explained that Hanseluka also taught the group various skills on how to investigate corruption cases and where to report but most of all physical training which included frog jumps, crocodile walks, how to match and salute.

Meanwhile, a demonstration by one of the witnesses Godfrey Banda of Sinda district sent the court gallery into laughter as he showed the court how the recruits where trained how to fire a gun.

But Hanseluka who during his plea did not dispute collecting money indicated that he wanted to help them open companies and wondered why the recruits were complaining when he actually provided training.

He told court that he had witnesses who included a police officer from Sinda District, and a Katete prison wader a Mr. John Banda.

 

Hanseluka told court that the two witnesses were key in the matter as they helped him conduct the training.

He told court that he wondered why the recruits could fail to distinguish a private institution from a government institution.

But Katete Magistrate Mary Musongole reminded Hanseluka that there was no person who is allowed to drill without the Presidents’ authority.

She explained that at no time has government called on any private institution to help drill police officers or any other security personnel.

The matter has since been adjourned to September 23 for continued trial while Hanseluka is remanded in custody.