Duo deny defiling minor

JOHN KOMBE writes
@SunZambian
TWO men of Chongwe who appeared in the Chongwe magistrate court have pleaded not guilty to a charge of defilement.
Obey Mutinta, 47 and Kelvin Chileshe, 25 who took plea before magistrate Kabwe Tembo separately stand charged with defilement contrary to Section 138 (1) of the penal code, Chapter 87 of the laws of Zambia as read together with Act number 2 of 2011.
Particulars of the offence were that Obey Mutinta is alleged to have had carnal knowledge of a named minor believed to be below the age of 16. The offence is said to have been committed on an unknown date, but in the year 2018.
In the second account, Kelvin Chileshe is alleged to have had carnal knowledge of a named minor believed to be below the age of 16. The offence is said to have been committed on an unknown date, but in 2011.
The duo are reported to have defiled the same minor on separate instances. The court ruled that the duo were not jointly charged and would be tried separately.
The court advised the two accused that if they were convinced that the victim was above the age of 16 at the time they were committing the offences, then that may be used in their defense. The court stated that it was not directing, but only informing them of that fact.
The two accused applied for bail, but the court advised that the bail application could not be considered at this stage of the case.
The court adjourned the matter to November 3rd for commencement of trial while the accused are remanded in custody.