MUBANGA NONDO – Ndola
A PEASANT farmer of Chimula village in Mbala district has been sentenced to 15 years simple imprisonment by the Kasama High Court for having sex with his brotherâ€™s cow.
Ndola High Court judge Charles Chanda, sitting in Kasama last Monday, imposed the sentence on Wegress Simpanzye, 73, after corroborating evidence adduced to the court by the prosecution and the witnesses.
Simpanzye pleaded not guilty to bestiality.
â€œAfter analysing the evidence, it is established that the accused was found having inserted his penis into a cowâ€™s genitalia, which penetration was corroborated by the medical report, which showed that there was forced penetration.
I am, therefore, satisfied that all the legal and procedural requirements were met and the conviction of the accused by the trial court of the offence of bestiality is hereby upheld,â€ Judge Chanda said.
â€œAs a first offender, you indeed deserve lenience. Granted that you are very advanced in age but my hands are tied as the offence carries a mandatory minimum sentence. I, therefore, sentence you to 15 years simple imprisonment effective July 10, 2013, the date on which you were arrested,â€ he said.
Justice Chanda said the convict was free to appeal to the Supreme Court within 14 days.
In mitigation, defence lawyer Keith Katazo pleaded for leniency from the court stating that Simpanzye was remorseful for his actions and begged the court to consider the victimâ€™s advanced age.
Simpanzye, on July 4 last year in Mbala, had carnal knowledge of Richard Simpanzyeâ€™s cow.
During trial, Gerald Simpanzye told the court that on the material day in the morning, he took the cattle for grazing in one of the fields but later went to another field to harvest maize.
Mr Simpanzye testified that as he was returning to where he had left the cattle grazing, he saw the convict standing on a log and having sex with one of the cows.
When he asked the convict what he was doing with the animal, he apologised and offered to give the witness K500 and a cow as compensation.
But Mr Simpanzye reported the matter to his brother Richard, who is the owner of the animal, who later reported the matter to the police.
Police then advised the complainant to take the convict and the cow to the veterinary department, where the animal was examined and semen was discovered in the cowâ€™s genitalia.
The court also heard that the convict must have used charms on the animal as he was found with leaves in one of the pockets of his pair of trousers and that when the leaves were taken away from him, the molested cow became violent.
The court further heard that the cow later died.
In defence, the convict attributed his actions to demonic attacks, which he had been suffering from since 1972.
MUBANGA NONDO – Ndola