By MAYA NTANDA –
A BUS conductor of Mwinilunga has admitted to defiling an eight-year-old girl because women turn down his love proposals.
Javed Kanyungula, 41, of Nkuwa Village pleaded guilty before a Solwezi magistrate’s court, to defiling the girl on October 27 last year.
Kanyungula told the court that he was aware of the girl’s age, but that he had sex with her, while she was travelling with her parents because women turn down his love advances.
“I admit the charge, I was fully aware of the girl’s age, older women usually refuse when I propose love to them, that’s how I went after the girl and had sex with her only once at the station on the bus,” he told the court.
According to a statement of facts before the court, the girl was travelling with her parents from Ikelengi to Solwezi and when they reached Mwinilunga, they did not find any bus going to Solwezi at the time.
The girl’s parents then bought tickets for the next day’s bus and requested the conductor to allow them to sleep on the bus.
Around 01:40 hours, the girl’s father was awoken by shouts of help from his daughter and when he checked he found the accused having sex with the girl.
Upon Kanyungula’s own admission, the court referred the matter to the High Court because it was beyond its jurisdiction.
However, Kitwe High Court Judge Chilombo Phiri ordered for a re-trial in the case to ascertain the accused person’s state of mind.
Ms Justice Phiri made the order after Kanyungula’ lawyer applied under Section 17 of the Criminal Procedure Code to be medically examined to ascertain his state of mind at the time the offence was committed because he had in the past showed signs of mental disorder.
The Judge observed that the issue of mental disorder was not raised when Kanyungula took plea and was of the view that to inquire into the state of mind of a convict at the time of the offence after conviction, was unattainable at law.
Ms Justice Phiri said the question of mental state should be determined at the time of taking plea or during trial.
She, therefore, quashed Kanyungula’s conviction and ordered that the case be tried by a different magistrate of similar jurisdiction.
Maria Magdalena
February 28, 2015 at 10:06 am
Animal. Someone must cut off his balls and feed them to dogs.
tutu
February 28, 2015 at 12:41 pm
lock itole lyakwe chikala,women refuse my advances..eshako ukusamba chikala
Pathako Pinu
March 1, 2015 at 12:06 am
Must be a mental case that’s why women refuses the faggot.If he was in Tonganyokoland HH & UPND fanatics would have taught him a Jata Ng’ombe way where they f^ck cows instead of masturbating….Yikes!!!
New Educated Zambia
March 1, 2015 at 11:46 am
You seem so angry and upset. What is with you pF cadres and tribal politics? DO the Tonga people threaten you? Only a person with the brain capacity of a warthog can always relate political issues with tribe. Please get your self out of that cave and face the fact that we are in 2015 and there is no room for tribal idiots such as yourself. You are really doing a good job representing the PF.
kalen
March 1, 2015 at 8:32 am
Pipo y dnt u jst comment on th post..coz u wil stat involvng Tonga let’s try to shw maturity we r one nation its high time we stopd ths guys let’s shw our new generation hw united we r..I knw am Bemba bt I dnt lyk ths let’s change fo th beta ka.
Mula
March 1, 2015 at 9:35 am
Nothing Like Mental State, Just Convict Him As Soon As Possible. He Knew That What He Was Doing Is A Crime. Atase.. Why Didnt He Go For A Prostitute In Night Clubs? Because All They Want Is Money. Ni Conductor Chikala Nga Alilipilafye Iule.
New Educated Zambia
March 1, 2015 at 11:43 am
For sure there is need to integrate psychological support and evidence when it comes to such cases that seem out of this world. It is about time zambia took the psychological element seriously. It is very saddening that even up to now so called “mad people” can be seen walking around the streets without any support or help. In turn these people gain employment such as conductor and in turn commit such henious crimes. WIthout a proper record and institutionalisation of such people, such crimes we continue being committed. The PF has again failed to ensure social help to such mental retards. Vote UPND to ensure proper social services and support
Muntu Na Muntu
March 1, 2015 at 2:48 pm
@New Educated Zambian:
Not only do these mad people get empkoyment as conductors but also vote in our elections and hack at will those who oppose them. The extent of madness assessment should have been given a priority just as voters’ registration.
ANNACONDA
March 1, 2015 at 3:20 pm
@ Pathako pinyo pinu chikala chobe, how do u combine yo fellow difiler and politics? U dirty minded chap u ar very dull, leave our UPND and HH alone concetrate on what Yo president Lungu the one u voted for what chocolate has bought for, if nothing be wise next time when voting. Forward
joy
March 1, 2015 at 4:33 pm
Forward
Sikiza
March 1, 2015 at 6:14 pm
Mwanya