THE State has entered a nolle prosequi in favour of a 21-year-old man of Kanyama Site and Service who was jointly charged with Capital Buses operational manager Arnold Zulu with indecent practices between males.
The 21-year-old has now been turned into a State witness and will testify against Zulu on April 20, this year.
Meanwhile, Zulu, of Lusaka’s Millennium Bus Station, has taken fresh plea and denied the charge of unnatural offences after the State substituted the charge sheet with a new one.
In the old charge sheet, Zulu and Adrian Mazuba were charged with one count of indecent practices between males and were alleged to have on August 22, last year in Lusaka, committed an act of gross indecency.
But according to the substituted indictment, Zulu is now solely charged with one count of unnatural offences.
It is now alleged that on August 22, last year in Lusaka, Zulu had unlawful carnal knowledge of Adrian Mazuba against the order of nature.
When the matter came up for commencement of trial before Chief Resident Magistrate Lameck Mwale, Tuesday, the State informed the court they were ready to proceed into trial with three witnesses but that they had instructions from the Director of Public Prosecutions (DPP) to enter a nolle in Mazuba’s favour.
And after magistrate Mwale discontinued the proceedings against Mazuba, the State informed the court that the 21-year-old had been turned into a State witness and further applied for a substitution of the indictment.
However, Zulu’s lawyer applied for an adjournment in view of the nolle prosequi in order to get further instructions from the accused.
The State did not object to the application for an adjournment for the sake of justice.
Once the indictment was substituted with a new charge of unnatural offences, magistrate Mwale read the charge to the accused, and Zulu took a fresh plea of not guilty.
The matter comes up on April 20, this year for commencement of trial.
According to police, Zulu and Mazuba were arrested after they were found in Zulu’s house having canal knowledge against the order of nature.
Police acting spokesperson, Danny Mwale stated that the incident happened between 14 and 17 hours on the material day.
“Police in Lusaka recorded a case of Sodomy. Involved was Anold Zulu who was found having canal knowledge against the order of nature with Adrian Mazuba aged 21. Acting on information received from members of the public, police officers rushed to the scene and found the two in Mr. Zulu’s house in the act. Mr. Zulu who is also Operation manager for Capital Buses (Flash) is currently detained in Police custody while Adrian Mazuba has been taken for medical examination,” he stated.