By Brightwell Chabusha
Lusaka chief resident magistrate Lameck Mwale has acquitted former Capital Buses operations manager Arnold Zulu of a charge of unnatural offences.
Magistrate Mwale acquitted Zulu because there were no findings proving that the alleged intercourse happened.
Zulu, 38, of Millennium Bus Station was charged with unnatural offences after he allegedly had anal sex with 21-year-old Adrian Mazuba, an unemployed man of New Kanyama Site and Service.
The Director of Public Prosecutions entered a nolle prosequi in favour of Mazuba and turned him into a State witness.
And in his testimony, he narrated how Zulu took off his pair of trousers and attempted to insert his manhood in his anus before he shouted for help.
Mazuba had narrated that this happened when he went to Flash Buses at Millennium Bus Station to look for a job.
He narrated that Zulu, whose house was within the bus station gave him alcohol and attempted to have sex with him on August 22, 2019.
But magistrate Mwale in his ruling said a prima facie case has not been made out against the accused to warrant placing him on defence.
The magistrate said the essential element of the offence had not been proved.
“The findings of the medical doctor are clear, the findings of the medical examination indicates that there are no findings allowing him to conclude that there was alleged sexual intercourse,” magistrate Mwale said.
He said a public analyst’s report also showed that there was no spermatozoa in the anal swab that was taken for analysis.
“It is against this background that it would be extremely difficult for this court to convict the accused in an event that he elected to remain silent.
I find that the accused has no case to answer in respect of the charge he is facing, and I accordingly dismiss the charge and acquit and set him at liberty forthwith,” ruled magistrate Mwale.