A 27-year old
The court has committed Hatch Bril of Mongu’s St John’s area to the High Court for sentencing.
Bril was arrested after being reported to police by taxi driver Abraham Chilemu, age 19, who said he had been deceived into sex. He was charged with the offence of having sex against the order of nature with another man.
The incident occurred on September 24, 2015 around 02:00 hours.
The court heard that Bril deceived the teenager in what was love at first sight in a bar as he was dressed and appeared like a woman on the material day.
Magistrate Derrick Mate Chingumbe said he had no doubt that Bril committed the offence because the evidence given by the teenager to court was overwhelming.
He said the witness had proved that Bril had allowed him to have carnal knowledge of him, contrary to the convict’s defence that he was forced into the act.
The parked courtroom further heard that the teenager told the court that Bril asked him to turn off the lights before the two engaged in the act.
This was after he proposed love to ‘her’ after a drink-up at a night club.
Mr Chingumbe said the medical report compiled at Lewanika General Hospital indicated that the incident was against the order of nature as Bril had a tear around his anal area.
“Cases such as this one require one to prove whether the accused person did actually permit the other to have carnal knowledge of him, or indeed, if the act was against the order of nature.
“Well, after looking at the evidence on record from the six witnesses that the prosecutors presented, I have concluded that Bril did actually permit the taxi driver to have carnal knowledge of him. In fact, he was made to
believe that he was actually going to sleep with a woman and a woman only because of the way he [Bril] was dressed, and he had long hair,” Mr Chingumbe said.
He granted Bril the right to appeal to the High Court.
The minimum sentence for sodomy is 15 years.