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US ,Germany Embassies Unhappy That Kapiri Gay Couple Have Been In Custody For A Long Time
Judgement in the case involving two men of Kapiri Mposhi allegedly practising homosexuality could not be delivered yesterday, for a third time, because the trying magistrate was indisposed.
And the United States (US) and German embassies and the UNAIDS are, however, unhappy that Philip Mubiana, a hair dresser, and his alleged partner James Mwape, a brick-layer, have been in custody for a long time.
Kapiri Mposhi magistrate in charge Ackson Mumba yesterday said he was aware that Kabwe Principal Resident Magistrate John Mbuzi was expected to deliver his judgement but he was indisposed.
Mr Mumba said Mr Mbuzi indicated that he would be ready to deliver his judgment on July 10 this year.
“He asked me to find a suitable day. From the look of things, judgement is ready but somehow he is indisposed,” he said.
The accused’s lawyer, Sunday Nkonde, however, told the court that July 10 was not suitable for him and asked if judgment could be delivered at 10:30 hours on July 3.
Mr Nkonde also said he was only aware that Mr Mbuzi was indisposed around 08:40 hours after the prosecution informed him.
Earlier, public prosecutor Alex Cheelo said Mubiana and Mwape were appearing in court for judgement.
“The two accused persons are here. It is a matter coming before the PRM [principal resident magistrate]. It is scheduled for judgement today,” Mr Cheelo said.
“However, since the trial court is not coming, we are applying that this matter be mentioned by this [Mr Mumba’s] court,” he said.
After hearing from both the prosecution and defence, Mr Mumba told Mubiana and Mwape that Mr Mbuzi was indisposed and he had adjourned delivery of judgement to July 3 next week.
Mr Mumba later had a meeting with Mr Nkonde in his chambers.
After the adjournment, United States embassy Charge d’Affaires David Young, German ambassador to Zambia Bernd Finke and UNAIDS country director Helen Frary expressed disappointment at the adjournments.
“Unfortunately, the case has been adjourned without a decision. They [Mubiana and Mwape] have been held for over a year without bail.
“We believe that is unfortunate,” Mr Young said in a joint statement.
The two men, both aged 21, were charged with offences of having sex against the order of nature, contrary to the Laws of Zambia.
In count one, Mubiana allegedly permitted Mwape, between April 11 and April 25 last year to have sex with him against the order of nature.
In count two, it is alleged that Mwape, on unknown dates but between April 11 and April 24 last year, permitted Mubiana to have sex with him against the order of nature.
In count three, Mwape is accused of having permitted Mubiana to have sex with him on May 5 last year while Mubiana also faces the same offence in count four.
The two have denied any wrong-doing, but Mr Mbuzi in March this year found them with a case to answer and put them on their defence.
They were arrested in April last year and have been in custody since then.
The court denied them bail after the State countered the defence application for bail.
Posted by Kunda
on June 24, 2014. Filed under LATEST NEWS.
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mj banda
June 24, 2014 at 9:27 am
Pls Zambian government, pls castrate these people cos they are shame to their parents and Zambia as a whole
Tribalist
June 24, 2014 at 9:42 am
Send them to jail and they will be taughty a lesson there. How can nomal people be thinking like that, even dogs knows which one is a female and male. Put two dogs in a cage and you will never see them having sex, what about people.
mj banda
June 24, 2014 at 9:45 am
Pls chain those thugs and should not be released from jail since they can infect other innocent people
cm
June 24, 2014 at 10:09 am
It’s not even against the order of nature but against the will of God. They must repent or they too together with their counterparts usa/German who homosexuals will perish.
Let me say this............
June 25, 2014 at 2:48 am
CM and the like-minded, go and join Shia Moslems and leave our Zambia. This is a Christian nation. We do not practice Sharia law in a Christian or secular state. Better still for you, go join Boko Haram in some bush of Nigeria.
If you know anything about the teaching of Christ, offer the Gospel to those two and pray for them. If they reject the Gospel and your prayers, leave the matter to God. After all, on judgement day we shall all account for our deeds. Be careful about what you say. Throw the first stone if you have not sinned…. Remember, sin is not just same-sex sex.
Bigger Than Ass
June 24, 2014 at 10:22 am
Iyi yeve yatikulilako,,,,,,,
PARI PASU
June 24, 2014 at 10:50 am
No need of bringing them to court these are the poeple who ought to be stoned to death.if death sentence is not applicable
mike
June 24, 2014 at 10:53 am
this not us and german were such nosence is tolerated if you are not happy then live zambia
jalal
June 24, 2014 at 11:03 am
You fools! Who told u they are guilty? take a chill pill. Whether u chant about morals or what, no one gives u the right to burn or stone anyone. Read the Constitution you ingrates! There is procedure and laws to every offense. The only non bailable offense in Zambia is murder and motor vehicle theft. How would u feel if it was your brother wrongly accused here? Or even u? Christian this, culture that, morals that……yup yup yup! Shut your mouths and go make some money to feed your starving families!
kapotwe
June 24, 2014 at 11:55 am
You must be a Gay dude too,keep talking shit like that they are coming for you as well FAG
Sotambe
June 24, 2014 at 7:01 pm
bALIBEKETE BALETOMBANA PA MPUTI WHEN ON BAIL!
FK
June 24, 2014 at 11:12 am
Release them and let these basungus take them to Germany or USA where they can continue….each other.kwena this world!
mj banda
June 24, 2014 at 12:21 pm
Whoever does not condemn is sick in his mind and considered not normal, I also think that he can marry his sister/mum cos they are humans too and have feelings
Kamushi
June 24, 2014 at 2:18 pm
atase imwe bafikala ba tumfweko why cnt u just let me insult those stup!d gays r u gays as wel?ba swine do u kno how pissed iam let me try again if i wont go thru i will insult u as well id!ots
nawakwi
June 24, 2014 at 4:14 pm
ba zungu bali nainterest bwa in this issue? does it mean they re also……
x5
June 24, 2014 at 9:13 pm
Are they also homos ??????
Let me say this............
June 25, 2014 at 3:01 am
You are not good enough to stand in the place of the Almighty. You are all too small and unworthy. Homosexuality and lesbianism are as disgusting as stealing and defiling children. These disgusting things have happened in Zambia. Some have confessed and repented and forgiven. Others have refused or failed to confess. We do not burn them, behead them or cut of their members. No. As Christians we intercede for them. We love them and pray for them. This is what our Lord and Saviour Jesus Christ teaches us in the Scriptures. Zambia being a secular state allowing religious freedom, it is possible that the comments above are from people from non-Christian religious beliefs. Enjoy our hospitality, democracy and religious freedoms. We know that in countries where your religions reign this freedom does not exist. Expressing oneself the way you are doing here can land one in Jail or even Death — without a fair trial.
Raspower
June 25, 2014 at 8:31 am
Tell those Bafikla bazungu…..to go to hell and Suck themselves useless Diplomats….why do they want to take control of our Land? who do they think they are? PINKY and KAKI! ****** Idiots! Kunta-nkinte mandinga warrior….we are no longer ion slavery!
afcon phiri
June 25, 2014 at 9:44 am
HOMOSEXUALITY WILL NEVER BE LEGAL IN ZAMBIA.
THOSE WHO WANT TO BE HOMOS SHUD RELOCATE TO GERMANY OR USA. OTHERWISE WE WILL POUNCE OF THEM RUTHLESSLY.
HOMOS ARE MISFITS FOR ZAMBIA AND YOU WILL REMAIN SO FOR EVER.
Babylon is here
June 25, 2014 at 1:45 pm
Who enters who? because each has a penis and anal opening.Very disgusting.GOD’s arrangement is the best guys.
edav
June 25, 2014 at 1:58 pm
God forbido