THE Lusaka Magistrates’ Court has acquitted Capital Buses operational manager Arnold Zulu who was accused of having sexual intercourse with a fellow man against the order of nature.

Chief Resident Magistrate Lameck Mwale acquitted Zulu, saying there was no evidence that there was penetration of the alleged victim’s anus by the accused person.

He added that the public analyst also found that there was no spermatozoa in the anal swab that was taken for analysis from the alleged victim.

This is a matter in which Zulu was charged with one count of unnatural offences and had pleaded not guilty.

It was alleged that on August 22, last year in Lusaka, Zulu had unlawful carnal knowledge of Adrian Mazuba, 21, against the order of nature.

Zulu was initially jointly-charged with Mazuba 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.

However, in March this year, the State entered a nolle prosequi in favour of the 21-year-old man.

And when the matter came up for a ruling on case or no case, Monday, Magistrate Mwale said after carefully considering the evidence adduced by the prosecution in the matter, his impression was that a prima facie case had not been made out against the accused to warrant the Court to put him on his defence.

He added that the essential element of the offence charged bordering on the act alleged, namely, ‘unlawful carnal knowledge against the order of nature’ had not been proved.

“There is no evidence that there was penetration of the alleged victim’s anus by the accused. The findings of the medical doctor are clear. He said both p1 and p2 (medical report and report of medical examination for rape and defilement case) indicates that there are no findings allowing him to conclude alleged sexual intercourse. Additionally, the public analyst as shown on P3 also found that there was no spermatozoa in the anal swab that was taken for analysis for the alleged victim,” Magistrate Mwale said.

He, therefore, acquitted the accused person.

“Against this background, it will be extremely difficult for this court to convict the accused in any event that he elects to remain silent. In the premises, I find that the accused has no case to answer and accordingly dismiss the charge against him, and acquit him,” ruled Magistrate Mwale.