A 15-year-old girl of Misaka township in Kitwe has testified before the Kitwe Magistrate’s Court how her fathers best friend had unlawful carnal knowledge of her in the bathroom.
The juvinile also disclosed that after the defilement ordeal she fail pregnant and gave birth to a baby boy on May 30,2019.
She told the court that the baby is now two weeks, six days, but has taken up her surname.
This is a case in which 38-year-old Micheal Phiri is charged with defilement contrary to the laws of Zambia.
Particulars of the offence are that on August 1 and October 8, 2018 in Kitwe the accused person had unlawful carnal knowledge of a girl below the age of 16 years.
And in her testimony the juvenile told Senior Resident Magistrate Osward Mwansa Chibalo that on the material day, her step father who is a best friend of the accused person sat outside their house drinking alcohol.
She said the two drunk their alcohol into the night but later the accused announced that he was leaving, as it was getting late.
She told the court that at that time, she and her siblings were in the house but she was able to hear what was happening outside.
She further told the court that she decided to go and pick up a potty (chemba) from the bathroom which is 10 meters away from the house, but that as she got there the accused tackled her to the ground and gagged her mouth to prevent her from screaming.
She said the accused undressed her underwear, unzipped his trousers and started having unlawful carnal knowledge of her.
She said during the process, she felt pain on her private parts and that when he was done he threatened to kill her if she told his wife about the ordeal.
“As I went to the bathroom, he ‘swept’ (sic) me off the ground and I fail ‘upwards’ (sic), I didn’t carry any torch or light with me but I was able to tell that its Phiri because there was moonlight. He undressed me and himself, later he inserted his penis into my vagina and then I felt pain but couldn’t scream because he held my mouth,” the juvenile narrated.
She told the court that the following day the accused person brought four panados for her to take to reduce the pain but that she refused to do so.
She said later in the same year, in October, the accused came and requested to see her step father but she responded that she was only home alone and that she was sleeping in the bedroom, as she was not feeling too well.
She said upon hearing that, the accused person entered the bedroom and held her close to the bed were he again undressed and defiled her again.
She told the court that when he was done he dressed up and left her lying on the bed.
She said she did not tell any one about the two ordeals not until when her grandmother checked her and discovered that she was pregnant.
She said her grandmother informed her daughter (victims mother) that her grand daughter was pregnant.
She said her mother asked her about who was responsible for the pregnancy and that she told them it was Micheal Phiri, the best friend to her step-father.
She said her father expressed disappointment when he learnt that his best friend had been having carnal knowledge of his step-daughter and that he took her to Mwekera Police post where the matter was reported.
She said officers from central police station took the matter up and apprehended the accused person.
“I was the one who saw him on the road and I was the one who told police officers that that was the man they were looking for. When he was arrested we went back to station where my mother was given a medical form to take to Central hospital and when we reached there the doctors area of concentration was my stomach and private part, when the Doctor examined me he said I was six months pregnant and that we should go back home and wait for the court proceedings,” narrated the juvenile.