Defiler sent to High Court for sentencing
By Esther Chisola
LUSAKA magistrate Amy Masoja has committed a Lusaka businessman to the Lusaka High Court for mitigation and sentencing after finding him guilty of defilement.
Happy Makumbi, 36, was convicted of one count of defilement of a child.
The facts are that Makumbi defiled the child under the age of 16 years between August 1, 2021 and November 22, 2022.
When the case came up yesterday, magistrate Masoja found Makumbi guilty of the offence.
“I’m satisfied with the evidence adduced by the prosecution and take note that the accused failed to prove beyond reasonable doubt of his innocence,” she said.
However, Masoja committed Makumbi to the High Court for sentencing.
“After finding the accused person guilty and accordingly convict him, I will commit him to High Court for sentencing. This is because the charge is carrying a maximum sentence of more than 15 years and this court has no jurisdiction to sentence. Effective today, the now convict will be appearing at High Court for sentencing and mitigation,” she said.
During trial, the victim testified that Makumbi was her uncle who was married to her aunt, and that she lived with couple.
She said the abuse started a month after she moved in with her aunt.
Makumbi would force himself on her each time her aunt left the home around 04:00 hours to order goods for sale.
The court heard that Makumbi would go to the room where the child slept on the floor and defile her while covering her mouth to prevent her from screaming.
She also testified Makumbi would tie her hands and legs spread apart.
When she confided in her aunt, she instead beat her and inserted chilly in her private parts.
