INCARCERATED singer and social commentator Clifford Dimba alias General Kanene has asked the Supreme Court that if his matter will go for retrial in a subordinate court, a manager at Chilufya Lodge and other staff should be allowed to testify.
Dimba said the girl he is alleged to have defiled, in her testimony indicated that the manager and other lodge staff were aware about the defilement hence the need for them to testify.
In his heads of arguments filed in the court by his lawyer Tresford Chali, Dimba said despite these people having been interrogated by the police, they were not asked to give evidence nor their statements tendered in court as evidence.
“It was therefore imperative that all the people that the complainant claimed knew about her being defiled, like the maid at the Chilufya Lodge, Mr Ruften, lodge manager and the lodge owner a “prophet” are brought to court as prosecution witnesses.
He submitted that the people at the lodge must have told the police information which was in favourable to him.
He said he did not indicate whether he knew the lodge and its workers but that it was the State that knew the existence of the lodge and its workers.
Dimba submitted that if the girl had sexual intercourse, there was no evidence that she had it with him and the trial court relied heavily on the fact that he met her on that day.
“The identity required at law is the identity of the defiler not the identity of any person who is a friend to the victim. I submit that there is no evidence showing or identifying that I defiled the girl,” he said.
He submitted that the police did not take the girl to the hospital for examinations immediately after the alleged incident for fear that the result would have been in his favour since the girl had denied having sexual intercourse with him.
He said the girl could have had sexual intercourse with other people especially that on material day, she did not spend a night at her parent’s house instead opted to sleep at her auntie before she was taken for medical examination at University Teaching Hospital (UTH).
“The record shows that the complainant had denied having been defiled by me. She, however, changed her statement the following day. I submit that a plan was hatched to have her defiled at her aunt’s place so that medical report can reveal a broken hymen and bruises on the vagina,” he said.
Dimba also argued that a Magnetic Resonance Imaging (MRI) scan instead of an X-ray could have been used to determine the accurate age of the girl.
He said it was not fair for Dr Lalick Banda at UTH to indicate that the hospital uses MRI to determine the ages of footballers and uses X-ray to determine the approximate age of children.
He also asked the court to expunge evidence from a private school showing that she was a pupil there at the time of the alleged offence, saying it was not credible because she was a pupils at Kamwala Basic School.