MULENGA MUSONDA writes
FAILURE by the prosecution to convince witnesses to testify against a community school teacher has led to his partial freedom.
Bias Siabuzwima, aged 37 was accused of defiling a pupil aged 13. He was discharged by the Choma Fast Track Court for Gender-Based Violence discharged him.
Senior Resident Magistrate Idah Mupemo discharged Siabuzwimaafter the prosecution applied to have the matter withdrawn.
The application was submitted by the State after all efforts to persuade witnesses to testify before the court failed.
Siabuzwima had been consistent with his court appearances from the time he took plea on May 22, 2020.
Siabuzwima who is a teacher at Siachoobe Community School stood charged with defilement contrary to section 138(1) as amended by Act No.15 of 2005 and Act No.2 of 2011 of the Penal Code of Chapter 87 of the Laws of Zambia.
It is alleged that Siabuzwima unlawfully had carnal knowledge of a girl below the age of 16.
The incident is alleged to have happened on April 20, 2020 in Choma. Siabuzwima was apprehended on May 4, 2020.
After discharging him, Magistrate Mupemo reminded Siabuzwima that a discharge is not an acquittal, and if the State decided to reopen the case he will be taken back to court.