A POLICE officer of Luanshya has been acquitted for raping a woman at the inquiry’s office, after the court ruled that the sex was consensual.
Dominic Miyoba, 52 was charged with two counts of rape and abuse of authority of office.
It was alleged that Miyoba, on March 22 last year, willfully and lawfully had carnal knowledge of a 20 year old woman without her consent.
In the second, Miyoba being a person employed by the Ministry of Home Affairs ,as a police officer, abused his office.
He pleaded not guilty to the first count, in which he was found guilty by the Luanshya magistrate court while the second count was withdrawn by the State.
And when the matter came up this morning before Ndola High Court judge, Mary Mulanda, The court established that Miyoba had carnal knowledge with the woman at the inquiry’s office.
Judge Mulanda however was not satisfied that the sexual activity was not consensual.
” I am of the view that she appreciated the nature of the act she was doing.On the totality of evidence, I find that lack of consent was not proved by the prosecution.
In the circumstances, I am not satisfied that the State have proved the case beyond reasonable doubt. I therefore acquit and quash the conviction of rape,” Judge Mulanda said.
And during trial, in the magistrate’s court, the court heard that Miyoba was found having sex with the woman by another police officer.
In his defence, Miyoba denied having sex with the woman.
And the woman told court that Miyoba forced her to have sex and threatened to beat her if she refused.
Mabumba was not arrested because he neither recorded himself nor circulated the video, police say
Police arrest couple over their pornographic video on social media with gospel music playing in the background
POLICE in Lusaka have arrested a couple for allegedly circulating their pornographic video on social media with gospel music playing in the background.
In a media statement issued, police spokesperson Esther Katongo said police through the Cyber Crime Unit commenced investigations into a case of obscene material which was circulating on various social media platforms with gospel music playing in the background. She said investigations into the matter led to the arrest of John Chewe aged 31, a pharmacist and Angela Kapumba aged 24, a dental assistant both working at a private Hospital in Lusaka.
Mrs Katongo said the duo had initially reported to Luckson Mapushi Police Post from where they obtained a Police report that on February 19,between 02:00 hours and 05:00 hours, unknown people had broken into their motor vehicle and stole a phone which was containing the said video and later circulated on various social media platforms without their knowledge.
She however said investigations revealed that there was no such incidence involving the theft of the mobile phone in question and that the report given to police was aimed distancing themselves from what was circulating on social media.
“Chewe and Kapumba have been warn and cautioned for the offences of Prohibition of Pornography Contrary to section 102(a)(b) of the Electronic and Communications Transaction Act number 21 of 2009,Making a False Document contrary to section 344 , CAP 87, Uttering a false document contrary to section 352 of Cap 87 and Giving false information to a public officer contrary to section 125, CAP 87 of the Laws of Zambia,” she said.
Mrs Katongo said the couple detained in police custody yet to be charged and will appear in court soon.