Money matters: Nchito enters no prosecution for 68-year old Dutch who defiled little Kalulushi girl

EVERT Jan Wolf, the Dutch engineer charged with three counts of defilement, indecent assault on a female and conspiracy to commit a felony, has been freed after the State entered a nolle prosequi yesterday.
Jan Wolf, 68, of Katope Crescent Ndola and his accomplice, a Grade Nine pupil, were jointly charged.
But Ndola district deputy prosecutions officer Eliko Banda told the court that the State had received instructions from Director of Public Prosecutions (DPP) Mutembo Nchito to discontinue proceedings.
This is when the matter came up for commencement of trial before Kitwe chief resident magistrate Mercy Makubalo.
“The court has observed the instructions that the learned Public Prosecutor has received. A nolle prosequi has been entered for the two of you, which means that you can be rearrested for the same offences if the state feels so. This is not an acquittal,” she said.
The instruction from Mr Nchito reads: “Now those present are to authorise the entry in the record of proceedings against Evert Wolf and Mary Mumba, that they are discontinued by my direction pursuant to the powers vested in me by Section 81 (1) of the Criminal Procedure Code Chapter 88 of the Laws of Zambia.”
On the first count, Jan Wolf was charged with defilement, contrary to Section 138 (1) of the Penal Code Chapter 87 of the Laws of Zambia as read with Act number 2 of 2011.
The details of the offence are that between November 2010 and January 2011 in Kalulushi, Jan Wolf allegedly had unlawful carnal knowledge of a girl under the age of 16.
On the second count, Jan Wolf was charged with indecent assault on a female, contrary to Section 137 (1) Chapter 87 of the Laws of Zambia as read with Act number 2 of 2011.
It was alleged that between November 2010 and January 2011 in Kalulushi, Jan Wolf unlawfully indecently assaulted a female.
On the third count, Jan Wolf and Mumba are jointly charged with conspiracy to commit a felony, contrary to Section 394 of the Penal Code Chapter 87 of the Laws of Zambia.

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