LUSAKA High Court judge Sharon Newa has sentenced a 28-year-old man of Rufunsa District to 50 years imprisonment with hard labour for defiling his sister, who is an imbecile.

In her judgement, justice Newa said the case made a sad reading as the convict, being a biological brother to the victim, was aware that she is an imbecile who had no capacity to defend herself, but took advantage of her sexually.

She added that there is nothing to excuse such behavior as he should have been in the fore front of protecting her.

In this matter, Nelson Kapandula was charged with one count of defilement of an imbecile.

Particulars of the offence were that Kapandula between January 1, 2010 and May 29, 2018 in Rufunsa District had unlawful carnal knowledge of his sister knowing that she is an imbecile or of unsound mind.

He appeared before judge Newa after the Subordinate Court convicted him for the offence.

In his mitigation, Kapandula said he was 28 years old and still youthful.

He committed to contribute positively to the nation if he was given a second chance.

Kapandula further told the court that his four months incarceration had enabled him to reform.

He added that he was remorseful for his bad behaviour and deeply apologized to the court.

The convict further asked the court to exercise leniency in imposing its sentence.

“We take cognisance of the fact that the offence carries a minimum mandatory sentence of 15 years. May the court exercise maximum leniency,” he said.

But in her judgement, judge Newa said although the convict was a first offender who deserved leniency, the case made a very sad reading as the victim was an imbecile and sister to the convict.

“She (the victim) was sexually abused by among others the convict, who fathered her first child of the three children that she has as established by the DNA tests that were conducted. The convict being a biological brother to the victim was aware that she is an imbecile who had no capacity to defend herself, but took advantage of her sexually,” she said.

“There is nothing to excuse such behavior as he should have been in the fore front of protecting her.”

Judge Newa said such behavior should not go unpunished to serve as warning to would be offenders.

She said society should know that even mentally incapacitated persons were persons with full rights, just like normal people.

“I accordingly sentence the convict to 50 years imprisonment with hard labour with effect from April 30, 2020, the date of judgement. The convict is further informed of his right to appeal to the court of appeal within 30 days,” ruled judge Newa.