Nyau dancer in court for defilement

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—A Katete juvenile today wept in court after narrating the defilement ordeal and seeing the defiler standing trial.


The 14-years-old girl told Katete Magistrate, Simushi Mwakoi, that on December 7, 2014 she had gone to pluck mangoes in the fields with her young brother when she met one Nyau dancer who confronted her.


The girl, who spoke amidst sobs, told the court that the Nyau then pushed her to the ground where he removed her pants and forced himself on her.


She narrated that during the ordeal the Nyau dancer was clad in the mask of mud, sack and blue cloth that covered his face.


The juvenile said she shouted for help because of the pain but he could not let go of her.


She told the court that her young brother had since run to the village to inform her grandmother of what had happened.


In cross-examination the accused, Mathias Daka of Sekani Village, asked the girl how she identified the defiler as the act was done while he was covered in the mask.


In response the girl told the court that she did not identify the person behind the mask but identified the Nyau by the attire it was wearing.


She further added that she only came to identify the man behind the mask after Mathias came to her grandmother’s places warning that whoever was going to continue talking about the incident was going to be taken for initiation too.


The girl told the court that after such remarks made by Daka it gave her a clue of who had defiled her.


And in giving testimony, Nelson Mbewe, 27, leader of Gule Wamukulu of Plazi Village, told the court that he was sure that the accused was the person behind the defilement case.


Mr Mbewe said being the leader of the group he knew which people were out on that day and what they wore.


He said on that fateful day he had sent Daka and one Whyson as emissaries to go in the village and announce for an emergency meeting which was supposed to be held at the sacred place called Dambwe.


He told the court that he had sent the two after he found out that the sacred place was destroyed by unknown people.


Mr Mbewe explained that during the time for the meeting the accused, Daka, did not appear during the meeting.


He said going by the description given by the girl and her young brother he was able to identify the Nyau as Pamu-Pamu being the leader of the ground as the fact coincides with the emissaries he had set out.


He further told the court that on the same day Daka was heard talking about a girl who had been defiled in the village but because he was drunk Mbewe could not confront him.


It was alleged that on December 7, 2014 Mathias Daka had carnal knowledge of a girl under the age of 16.


Magistrate Mwakoi assured all witnesses in the matter that they had full state security, adding that if anyone tampers with their peace they should report to police.


He warned that anyone found interfering with testimonies and witnesses will be apprehended and charged accordingly.


The matter has since been adjourned to February 10 for continued trial while Daka will continue being in police custody.


The accused stands charged with one count of defilement contrary to Section 138 (1) of the Penal Code Cap 87 as read with Act number 18 of 2005 and Act number 2 of 2011.


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