UNZA DON TO GO IN FOR 15YEARS OR MORE FOR MOLESTING UNZA STUDENT
Court convicts UNZA don for molesting student
By Mwaka Ndawa
UNIVERSITY of Zambia philosophy lecturer Austin Mbozi has been convicted by the Lusaka Magistrates’ Court for sexual molestation.
Magistrate Felix Kaoma said Mbozi’s distasteful act was illicit as the 20-year-old female student he molested did not consent to be fondled, neither was she married to him.
This is in a matter where Mbozi was charged with indecent assault on females.
Mbozi, 52, on September 28, 2020 unlawfully and indecently assaulted a 20-year-old student.
According to her testimony, the victim told the court that Mbozi fondled her waist, breasts and thighs and attempted to finger her after he tricked her that he would offer her a contract as a typist in his office.
In his defence, Mbozi denied assaulting the student. Mbozi who admitted offering the student employment explained that he pitied the victim and only wanted to advance her in education as she was desperate for an international scholarship and he feared that it would cause her trouble.
Handing down his judgement on Friday, magistrate Kaoma said just as Joseph in the Bible was accused of attempting to rape Potipher’s wife and was jailed for the same, in cases of sexual assault there were twin dangers: false complaint and false accusation.
He said every was therefore mandated to warn itself on issues of corroboration to rule out false accusation.
He said evidence also required corroboration to avoid implications.
“There is direct evidence from the victim who said on the material day she was called to the accused’s office to finalise a job offer and they met at Goma field. She entered his office and whilst in the office the accused moved his chair and started kissing and touching her breast and later wanted to touch her vagina but she stopped him and that’s the complaint she had,” magistrate Kaoma said. “In the Zambian society, touching a woman on neck is allowed but touching their breasts and thighs are gross parts of indecency within the meaning of the law.”
He said the victim’s evidence corroborated with the testimony of other state witnesses who confirmed that she was distressed after Mbozi molested her.
Magistrate Kaoma said Mbozi did not dispute all allegations of offering the victim employment and inviting her to his office, and the locking of the door but only disputed the evidence of sexual molestation.
“I found it strange that a male lecturer would be locked in the office with a girl who is not his relative. He went out and deliberately locked the door when he came back because he had an ill motive. The job offer was not real,” magistrate Kaoma said.
He rubbished Mbozi’s claims that he was framed by the victim because he once accused former president Edgar Lungu of causing the death of fourth-year student Vespers Shimunzhila.
Magistrate Kaoma ruled that his excuse of defaming Lungu lacked the iota of evidence and there was no connection between the two indecent acts owing to the period in which they occurred.
“It is not in dispute that the victim did not tell the accused when they first met that she was a student at UNZA because she was not comfortable to tell a stranger what she was doing. The indecent assault was unlawful because the victim was not married to the accused and they had just met for the first time. There was no proof from Mbozi that the complainant had consented,” said magistrate Kaoma. “In the circumstances, I am satisfied that Mbozi committed the offence of indecent assault against the victim. I do here find him guilty of the offence and I accordingly convict him.”
Magistrate Kaoma committed Mbozi to the High Court for mitigation and sentencing as the offence attracts a minimum sentence of 15 years.
This sentence is beyond the powers of the Magistrates’ Court in meting out punishment.