TRIAL IN WHICH POLICE OFFICER DEFILED A 13 YEAR OLD MURDER SUSPECT ADJOURNED
A 13-year-old murder suspect from Itezhi-Tezhi district of Southern Province has told the district magistrate’s court how a 38-year-old police officer allegedly defiled her in a police station.
ZANIS reports that the child told Magistrates Watson Mweemba how the Law enforcement officer forced her to have sex in the toilet next to the enquiries office at Itezhi-Tezhi police station.
The named child, a grade seven pupil at a named school, was testifying against Basil Lubinda, a Police Constable of Masemu Extension, Itezhi-Tezhi, Southern Province, charged with child defilement in violation of section 138(1) of the penal code of cap 87 of the laws of Zambia as read in conjunction with Act No. 11 of 2006.
Particulars of the offense allege that on 28 May 2023, in Itezhi -Tezhi, Basil Lubinda had unlawful carnal knowledge of a named girl under the age of 16.
When the matter came up for plea before Itezhi-Tezhi Magistrates Watson Mweemba, Lubinda stated that he understood the charge very well and pleaded not guilty.
The girl testified that on May 28, 2023, she was in police custody after 20:00hrs with two other female suspects.
She stated that they called the lone officer on duty and asked to be taken to the toilet, which was apparently located outside the holding cell.
After she had finished using the toilet, the male officer who was on duty alone, directed her to the inquiries office.
“He told us that according to police regulations, the first person to enter the toilet will be the last person to enter the cell, meaning I was going to be the last since I was the first to use the toilet” , the girl explained.
She testified in court that Constable Lubinda dragged her into the toilets next to the inquiries office and had sex with her against her will.
“He took Ebelina inside the cells and closed it, then closed my mouth and dragged me into the toilet where he took off his trousers and began removing my pants, to which I resisted but was overpowered,” she explained.
The girl said that while resisting, the officer tore her underwear and had sex with her despite her crying.
She testified that he then returned her to the cell, where she was crying because she was in pain, and one of the suspects, Yolanda, inspected her private parts and discovered that she was bleeding.
“Yolanda advised me to report the matter to any police officer on duty in the morning, and after a few minutes, the police officer returned and said that I had demons and needed prayers, and then he took Yolanda out of cells and overheard them discussing,” she explained.
She narrated that after a few minutes of discussion, Yolanda returned to the cells and handed her a K20, saying it was from the police officer, and that he instructed her that he did not want her to report the matter, adding that the police officer also promised to send her K500 via mobile money using her friend’s phone.
She stated that the following morning, around 12:00 hours, one female suspect who was in the same cell as the victim and a male suspect Benjamin Shinyanga decided to notify the Criminal Investigations Officer (CIO) about what had occurred.
She said that she was then called into the CID office where two female police officers interviewed her.
She further said that after an interview with CID, she was given a medical report form 32 A and B and then taken to the hospital where she was examined and was given prophylaxis medication.
The matter has since been adjourned to June 14, 2023 for continued trial.