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Woman who was called a bitch loses defamation case


DIANA NSOFWA writes

 A LUSAKA woman who sued a man belonging to neighbourhood watch for allegedly putting her in a drum of water and calling her a bitch, has lost her defamation case in the Matero Local Court for lack of sufficient evidence.

Mercy Nyirenda, 31, of Chipata has sued Felix Lusambo of the same compound and was appearing before Magistrate Pauline Newa.  

Nyirenda told the court that Lusambo on May 7 insulted and beat her up.

“Lusambo came to my brother’s house with some men and a police man around 02.oo hours on May 6 and started searching the house. They unpacked everything and they found a TV under the bed which they said was stolen by my brother,

“They got the TV, caught my husband and started beating him. He caught me and started insulting me and my mother,” said Nyirenda

She said later Lusambo put her in a drum of water which he locked, adding that she was called a dog and also referred to her mother’s private parts in insults.

Her witness only known as Yvonne told the court that four men came to their residence and said they were from the police.

“Lusambo asked us to give him what we had kept and they started searching the house until they found a TV for my brother in-law  that’s how I called Nyirenda and Lusambo beat her up and took her to the police,” said Yvonne

In defence Lusambo told the court that on May 7 they received information that some men had broken into a store and stole some goods.

“We were shown the house and I went there to survey. We found men smoking weed, I went back to the police to report. At between midnight and 01.00 hours we went there with an officer and the neighborhood watch,

“We knocked and told them it was the police. They delayed to open. When they opened we asked the owner of the house to remove what they hid and we started searching the house, we saw weed and he started saying we should talk privately,

“We searched and found a TV under the bed, then his wife called Nyirenda saying someone is getting your TV. Nyirenda’s husband said we should not get the TV and volunteered to be sho0t.

 At that Nyirenda got the TV and ran away with it as we started heading back to the police station. She started shouting and was stoned the search party.

“That is how I caught her and locked her up. She told me she would come to court and eat my money because she cannot sleep in jail for free,” said Lusambo

Haggai Muma, 28, a police officer told the court that they went to search the house following the report they had received.

“We went to a certain house and started searching and we found a TV which we got. Nyirenda and her husband came and started obstructing us that is how we decided to detain them including the owner of the house” said Muma”.

The court said when the police came to his work, Nyirenda should have left him to do his job.

“You claim that he assaulted you, why did you not a medical report go to the hospital for treatment,” asked Magistrate Newa.

She said Nyirenda provoked the situation and the insults and dismissed the defamation claim.

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