NOT even claiming that God is his witness prevented a magistrate from jailing a 27-year old man accused of trying to rape his neighbour’s wife while her husband was in police custody.
Lusaka Magistrate Idah Phiri sentenced Mathews Mtonga, a builder of Ng’ombe Township, to two years imprisonment with hard labour for attempting to rape a 30-year-old woman he had escorted to the police to report her husband.
This is in a case Mtonga was facing one count of attempted rape, an incident which happened on August 23, 2022.
Mtonga attempted to rape Tryness Mvula without her consent.
The accused denied the charge.
The court heard that on the material day, Ms Mvula had an altercation with her husband and decided to go to Ng’ombe Police Station to report a case.
She accused her husband, Josphat Zulu, of malicious damage to property.
But on her way back home from the police, she met Mtonga, whom she new as Pilato, who offered to apprehend her husband and take him to the police station in connection with malicious damage to property.
Evidence is that Mtonga, with th help of others, apprehended Mr Zulu and took him to the police where he was detained.
The court heard that Ms Mvula then confided in Mtonga and explained to him that her husband had beaten her despite the fact that she had been financially supporting him.
But as Mtonga was escorting Ms Mvula in the evening, Mtonga tried to force himself on her by grabbing her in the neck.
The woman, who wore jeans, fell down and Mtonga went on top of her.
At this point, a vehicle driving by flashed some lights as the accused fled the scene and reported to the police and the accused was later arrested.
Magistrate Idah Phiri said the evidence was collaborative and linked the accused to the offence.
“I find the accused guilty and convict him,” magistrate Phiri said.
In mitigation, the accused pleaded for lenience because he is an only child fending for other relations.
“This is an offence I cannot commit. God is my witness,” he said.
But the magistrate said while he deserved leniency as a first offender, the case has been rampant in Lusaka and she needed to punish offenders to deter others.
(Mwebantu, Tuesday, 31st January, 2023)