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Kapiri homosexual case adjourned
Kapiri Mposhi, July 18, 2013, ZANIS – Continuation of trial in the case in which two men of Kapiri Mposhi district are appearing in court for allegedly practicing homosexuality failed to take off this afternoon in the Magistrate Courts.
This was because defense lawyer, Sunday Nkonde, State Counsel of SNB Legal Practitioners of Lusaka was unavailable as he was disposed.
SNB Legal Practitioners Defense Counsel Bwalya Mubanga applied for an adjournment of the case to later dates pending the recovery of Mr Nkonde .
Kabwe Principle Resident Magistrate John Mbuzi adjourned the case to 31st July and 14 August 2013 for mention and 28th and 29th August for continuation of trial.
The State was ready for continuation of trial in the case and had called two more witnesses, Chief Inspector Rayford Hamwanze from Kapiri Mposhi Zambia Police Station and a Mr. Wakumelo Machobani.
Four state witnesses including the sister to one of the accused, Philip Mubiana have so far testified in the mater in which the state intends to call-up six witnesses.
Trial in the matter commenced on 10 June 2013 before Kabwe Principle Resident Magistrate John Mbuzi.
This is in the case in which James Mwape, a bricklayer and Philip Mubiana a hair dresser both aged 21 and residents of Ndeke and Soweto compounds respectively in Kapiri Mposhi are facing four counts of engaging in homosexuality.
In the first count Philip Mubiana is charged with the offence of committing unnatural offences contrary to section 155 (c) of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.
Particulars of the offence are that Mubiana, on unknown dates but between 11 and 25 April 2013 in Kapiri Mposhi of Central Province did permit a male person, James Mwape to have canal knowledge of him against the order of nature.
In the second count James Mwape is charged with committing an unnatural offences contrary to section 155 (c) of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.
Particulars of the offence are that Mwape, on dates unknown did permit a male person Philip Mubiana to have canal knowledge of him against the order of nature.
In the third count James Mwape is charged with committing an unnatural offence contrary to section 155 (a) of the penal code chapter 87 of the laws of Zambia.
Particulars are that on 5th May 2013 in Kapiri Mposhi Mwape had canal knowledge of a male, Philip Mubiana against the order of nature.
And in the fourth and last count Philip Mubiana is charged with an offence of committing an unnatural offences contrary to section 155 (c ) of the penal code chapter 87 of the laws od Zambia as read with amended Act number 15 of 2005.
Particulars before court are that on 5th May 2013, Mubiana, while at Kapiri Mposhi district in Central Province did permit a male person James Mwape to have canal knowledge of him against the order of nature.
Mwape and Mubiana entered a plea of not guilty earlier.
The duo was arrested on 4th May 2013 for allegedly engaging in homosexuality contrary to the laws of Zambia as read with amended Act number 15 of 2005.
The duo are remanded in police custody.
