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Jehova’s Witness Elder in court for ****, Lawyer questions why victim’s father took case to police instead of church
Dec 14, 2012 2:06 pm

Lawyer to a Jehovah’s Witness Elder who is accused of raping a fellow congregant has wondered why father of the accused reported the matter to police when his church was capable of sorting out such matters.

Before Lusaka magistrate, Willie Banda, was Dennis Bwale, an elder at the Jehovah’s Witness of Kanyama Congregation.

Bwale, 28, of Kanyama Site and Service, appeared in a case where he is accused of raping Melani Mufweba, a congregant of the same church, contrary to Section 132 of the Penal Code amendment Act number 2 of 2011.

Particulars of the offence are that Bwale, on July 12 this year, did have carnal knowledge of Melani Mufweba without her consent.

When the matter came up for continued trial today, father of the complainant, Kennedy Mufweba, told the court that he came to learn of what had happened to his daughter a month after the incident.

Mr Mufwebu said sometime in September, this year Melani and her mother went to the Kingdom Hall but upon return Melani rushed in the house and left her Bible and other books that she had with her.

He said upon realising that his daughter had gone out of the house for some time and it was becoming dark, he asked where she could have gone but shortly his phone rang.

Mr Mufwebu further said it was at this moment that he was informed that Melani had run away from home and went to her sister’s house.

“As days past he noticed that his child did not want to return home but further resorted to go and stay with her friends’ grandmother,” he said.

Mr Mufweba further told the court that he then decided to go to his church and asked for help so that elders could find out from his child why she never wanted to return to home.

However to his surprise the congregation overseer told him that the church committee was in fact preparing to call him for a meeting to inform him of the report that his child had taken to the church.

He told the court that it was at this point that the elders told him that his child had reported to the church that he was raped by Dennis Bwale, one of the church elders.

Mr Mufweba, however, wondered why the church took long to tell him of the sad news.

“Your honour I was told not to blow out the issue as the matter could be sorted out quietly without people knowing,” he said.

He said he, however, decided to go and report the matter to the police.

Mr Mufwebu further said upon hearing the matter he pleaded with his daughter to return home knowing that she had run away in fear of her parents.

He said his daughter then told him that she was warned by the church elders not to tell her parents, adding that if she did so she would be expelled from the church.

“Your honour, she told us that she ran away from home because she was not happy to keep a secret which was haunting her whenever she looked at us as she thought we could have known,” said Mr Mufweba.

Meanwhile when the matter came up for trial last month, Melani told the court that Bwale called her and told her that she should meet him at the Kingdom Hall as there was something he needed to tell her.

She further told the court that Bwale, who was with his nephew, then asked her to escort him so that he could say what he wanted to tell her.

However along the way around 19:00 hours, Bwale asked her if she loved him.

But in her response, Melani wondered what he meant knowing well that he was engaged to a fellow congregant.

She said it was at this time that he grabbed her and forcefully kissed her.

Melani further narrated that Bwale went on to ripe her skirt and under wear which she showed to the court during her testimony.

The matter has been adjourned to January 11, 2013 as some witnesses in the matter were not present.

ZANIS
http://www.lusakatimes.com/2012/12/14/jehovas-witness-elder-court-****-lawyer-questions-victims-father-case-police-church/

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[SIZE=5]Lusaka man acquitted of ****Posted on 22 July 2014.
The State has lost a case in which it had appealed a ruling by the Magistrate court where Dennis Bwale, 28, was acquitted of having raped Melon Mulinda.
Mr Bwale was on May 10, 2013 acquitted by the Magistrates court of a **** charge which is contrary to section 132 of the laws of Zambia.
On July 20, 2012, Mr Bwale was alleged to have had carnal knowledge of Melon without her consent.
He was however acquitted prompting the State to appeal the ruling in the Lusaka High Court.
According to the notice of appeal filed by the State, the decision was premised on two grounds namely that;
“The trial court misdirected itself when it ruled there was no collaboration as the medical doctor and the arresting officer did not corroborate the evidence of the complainant ( Melon)” and Secondly that; “the court misdirected itself when it ruled that it took Melon’s parents to report the matter to the police when the complainant (Melon) stated that the incidence happened when Melon’s parents went to the farm and reported the matter to the elders of the church so the delay was caused by the church and not the prosecution”.
At the hearing of the appeal on May 22, 2014, the State relied on the heads of arguments which were filed into court on May 19, 2014.
In arguing the matter, the State on the first ground of appeal drew the attention of the court to page 16 of judgment where the trial magistrate stated that there was no independent evidence suggesting that Mr Bwale had carnal knowledge of Melon.
And according to the Doctors’ findings, it was stated that it was a challenge to determine whether it was **** or not.
In her testimony, Melon told the court that she had a previous affair with Mr Bwale.
She said on the material date, Mr Bwale called her as he wanted to see her.
Melon said as Mr Bwale was escorting her home, he pushed her to the ground and allegedly raped her.
She said she went home crying and found her cousin to whom she disclosed what had transpired but that the matter was only reported to the Police after two months.
But Mr Bwale told the court that he never raped Melon.
He said Melon implicated him because Bwale told her that he was never going to marry her.
In his ruling High Court Judge Justin Chashi said that Melon’s testimony that when she was raped by Mr Bwale, she went home crying and told her cousin was not enough evidence to satisfy the court.
Judge Chashi said it was not clear which cousin this was and what exactly Melon told her.
He said it was also not clear whether a struggle did happen or whether the complainant cried for help so as to eliminate the issue of non-consent.
Judge Chashi said what made the situation even more curious is Melon’s evidence that she cleaned herself and cleared the blood on her pant thereby eliminating some of the corroborative evidence.
He said the Medical Doctors’ findings were evident enough to doubt whether Melon was raped or not but she could have implicated Mr Bwale or even staged managed the act.
Judge Chashi said the trial Magistrate was on firm ground when it dismissed the case.
http://zambiadailynation.com/2014/07/22/lusaka-man-acquitted-of-****/