In his defence before the Lusaka Magistrates’ Court, Cherry Munyinya asked the court that “if I cannot manage to have sex with my wife, how could I do that to the children?”
In this matter, Munyinya of Mtendere Township is charged with defilement of a child and indecent assault on a female.
Particulars of the offence in the first count allege that between March 1 and June 29, 2018, in Lusaka, Munyinya had unlawful carnal knowledge of a 10-year-old girl.
And in count two, it is alleged that on the same day, Munyinya unlawfully and indecently assaulted a nine-year-old girl.
Previously, two grade three pupils had testified that Munyinya tied their mouths and had sex with them.
The girls further told the Court that Munyinya threatened them that they would die in their sleep if they told anyone.
And the grandmother of the nine-year-old victim told the Court that according to her granddaughter, Munyinya gave her K2 to buy popcorn and told her to go to his place where he defiled her.
The accused was placed on his defence after being found with a case to answer.
And when the matter came up for defence before Magistrate Faides Hamaundu, Monday, Munyinya told the Court that he had denied the charges from the beginning of the matter because his manhood could not function.
Munyinya said after experiencing backache, he went to Mtendere Clinic where physicians informed him that he had a problem with his prostate glands and that the problem may result in prostate cancer.
He said he was later referred to the University Teaching Hospital (UTH) where the doctor examined his prostate.
“…and since then (in May 2018), I have been going for appointments until the time I was arrested,” Munyinya said.
He explained that he developed the problem in 2016 at which point he stopped having sex with his wife.
The accused said because of that, he was denying committing the offence.
“If I cannot manage to have sex with my wife, how could I do that to the children? All the State evidence given before the Court is not true,” Munyinya said.
Asked in cross-examination if the time he went to see the doctor was a month after being arrested for defilement, Munyinya said he believed so.
He further told the Court that his penis could not erect.
On the other hand, his wife, Leticia Zulu, 57, also indicated to the Court that they had not been having sex since November, 2016.
She said when her husband went to the hospital, the doctor said the veins were blocked and that he had prostate cancer.
Zulu said she was not happy with the situation, that was why she told him to go to the hospital.
“He tried African medicine, but it did not work,” she said.
Asked if seeking medical attention was an afterthought aimed at defending Munyinya, Zulu denied.
She clarified that her husband actually went to seek medical attention for his prostate condition before he was arrested for the alleged offence.
The matter has been adjourned to September 27, this year.