By DOREEN NAWA
Central Province Principle Resident Magistrate, John Mbuzi is today expected to commence trial in a case in which two men are appearing in court on allegations of practicing homosexuality.
The two Kapiri
Mposhi men are charged with practicing homosexuality.
And
defence lawyers in the case have U-turned and applied for
in the magistrates court.
When the case came up for commencement of trial
before Kabwe principal resident magistrate John Mbuzi on May 22, 2013, the
defence lawyers from SNB Legal Practitioners of Lusaka applied for determination
of some constitutional issues which they raised in the matter before the High
Court.
This prompted magistrate Mbuzi to adjourn the matter to June 5, 2013
for ruling whether the issues the defence had raised could only be determined in
the High Court.
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.
However, when the case came up for ruling on Wednesday last
week, the defence lawyers backed-down and instead applied that their earlier
application to determine constitutional issues in the matter be thrown out to
facilitate commencement of trial in the magistrates' court owing to the fact
that the accused have been in remand for a long time.
In his application,
defence lawyer Sunday Nkonde said his team had decided to backtrack and go ahead
with trial in the matter in order to expedite conclusion of the case.
Nkonde
stated that the determination of constitutional issues would merely delay
progress in the case, bearing in mind that his clients were not on bail and had
their respective police bonds revoked barely two days after being
arrested.
The suspects had their police bond revoked after they were
allegedly found committing similar offences at their residence in Kapiri
Mposhi's Ndeke compound.
Magistrate Mbuzi also denied the duo bail on May 22,
2013 owing to their earlier abrogation of police bond, which was granted to them
after they were arrested for committing similar offences.
And the state
applied for adjournment of the case to allow it to prepare its witnesses for
commencement of trial.
Magistrate Mbuzi adjourned the matter to today and
tomorrow.
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
committing an unnatural offence 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 in 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 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 5 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.
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