Witness in the Kapiri homo case testifies how he was insulted

A witness in the case in which two men of Kapiri Mposhi are appearing in court for allegedly practicing homosexuality has testified how he was insulted and accused of being jealous of the homosexual relationship between the two accused persons after he attempted to separate them when they picked up a fight in their house.

This is in a case before Kabwe Principle Resident Magistrate, John Mbuzi, involving James Mwape, a bricklayer and Philip Mubiana, a hair dresser, both aged 21 and residents of Ndeke and Soweto compounds respectively in Kapiri Mposhi, who are facing four counts of committing unnatural offences contrary to section 155 of the penal code chapter 87 of the laws of Zambia as read with amended Act number 15 of 2005.

Machobani Wakumelo, 53, the neighbour of the two accused persons, narrated how he was awakened on April 25, 2013, around 19.00 hours by the sister of Mubiana, Sharon, to assist her break-up the couple who had been fighting while locked up in their house.

Wakumelo testified that when he approached the door to the house where the two had locked themselves up and fighting, Philip refused to open the door and started yelling insults at him (Wakumelo) and accused him of being jealous of his husband (Mwape).

The witness told the court that Philip further accused him of admiring his husband (Mwape) for a long time and that he could give him some chance if he so wishes to have anal sex with him so that he could also experience what he feels when he makes love with Mwape.

Wakumelo was testifying when the matter came up for continuation of trial at Kapiri Mposhi magistrate’s court Wednesday.

And in cross examination, defence lawyer, Sunday Nkonde, of SNB Legal Practitioners, asked Wakumelo to state the relationship he shared with Philip and his family since they were neighbours.

Wakumelo stated that he had known Philip since 1999 and that the accused had since his childhood interacted exclusively with girls, behaved and spoke like a girl. He told the court that Philip always mingles with females even in beer outlets and had taken up feminine roles such as plating hair.

At this point Mr Nkonde asked Wakumelo if he had never heard of any man who has been trapped in the body of a woman to which he responded in the negative.

The defence lawyer then asked Wakumelo if it would be strange for him to come across a man trapped in a woman’s body and dressing like a woman, piecing earrings and speaking in a small voice to which he responded in the affirmative.

“It is strange for a man to dress like a woman and pierce his ears … yes I would find that to be very strange,” Wakumelo said.

Five witnesses have so far testified in the case whose trial started on May 22, 2013.

The state has three more witnesses to testify, among them a medical doctor who conducted tests on the duo to establish if they had been having anal sex.

Magistrate Mbuzi adjourned the case to September 12 and 16 September for mention and continuation of trail respectively.

The duo continues to be remanded in police custody after their bail application was rejected earlier on in the matter.

ZANIS