No sufficient evidence to jail businessman Simwanza, court rules

Lusaka Magistrate Court has acquitted Teddy Simwanza, a businessman and pastor from Emmasdale, of incest charges due to lack of evidence.

Simwanza, 59, faced allegations of sexual abuse against his biological daughter, who was eight years old when her mother died.

The charges, under section 159(1) of the Penal Code, were for carnal knowledge of his daughter between January 1, 2013, and June 28, 2022.

During the trial, the prosecution presented six witnesses, including the alleged victim.

She described an incident in June 2022 when she felt someone holding her hands and saw a face spinning around, which she believed was her father.

She also reported experiencing chest pains and dizziness after drinking ginger provided by her father.

However, Magistrate Mutinta Mwenya identified inconsistencies in the victim’s testimony and raised concerns about potential false implications.

Medical evidence showed a broken hymen, STI and fungi treatment, but did not conclusively link Simwanza to the alleged abuse.

Read More: 10-year-old girl shares her horrific defilement experience with court

The defense argued that the prosecution’s evidence was insufficient.

Simwanza testified that his daughter was under duress and accused the arresting officer of lying under oath.

Two defense witnesses testified to Simwanza’s good character and the falsehood of the allegations.

The magistrate found that the prosecution had not proved its case beyond a reasonable doubt.

Concerns were raised about the victim’s potential manipulation by third parties and the overall reliability of the evidence. Consequently, the court resolved the doubt in Simwanza’s favour, leading to his acquittal.

Simwanza was released from custody and the court’s decision emphasized the inadequacy of the prosecution’s evidence in securing a conviction.

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