LUSAKA resident magistrate, Chrispin Hampungani has ruled that he found nothing corroborating the evidence of the complainant to warrant a finding of a case to answer against the accused, actor, Leo Simukoko, popularly known as Mushala.
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Magistrate Hampungani said unlike ordinary criminal offences, sexual offences require corroboration.
Simukoko,33, of Chelstone Obama was dragged to court by a Lab Technician for attempting to rape her.
The accused pleaded not guilty to indecent assault on a female contrary to section 137(1) of the Penal Code chapter 87 of the Laws of Zambia.
In delivering the ruling on a case to answer, the magistrate said he observed that the medical report form presented before the court merely reflected what the complainant had told the doctor and provided no additional substantive evidence.
He further ruled that the complainant said in cross examination that she reported to the police because she had set conditions which the accused needed to meet but he didn’t do those things she demanded.
The court also ruled that all the six state witnesses gave hearsay evidence which had no corroborative value as to the commission of the offence as required in sexual offences.
“The possibility of false implication has totally not been ruled in all the evidence of the prosecution. Sexual offences are not like ordinary criminal cases as they require corroboration.”
“The medical report and the medical file presented before court just shows what the complainant told the doctors and nothing more,” magistrate Hampungani ruled.
He said the torn lingerie submitted as evidence of the assault does not in any way connect to the occurrence of the indecent assault as that could have happened anytime and anywhere including not anywhere near the accused’s residence in Obama.
Magistrate Hampungani said the ZICTA report proves that there was communication between the accused and the complainant.
During trial, the complainant in the matter testified before court that on March 27, 2022 on World Theatre Day commemoration, the accused asked for a lift from the 36-year-old around 21:00 hours.
When the duo drove to Simukoko’s house, the victim asked to use the toilet to answer the call of nature at the residence, the house had dim lights and abit of light outside.
She said there was a mattress on the floor in the sitting room with two empty bottles of alcohol.
“As i looked around, I said it was a good location.”
“Then he moved towards me and came and kissed me. After the kiss, I was taken aback, I wasn’t expecting that he was going to do that. After that he pushed me on the mattress and he got on top of me. I then put my head on the other side because I did not want him to face me,” she said.
She added that as Simukoko was kissing her, one of his hands was trying to pull her sweatpants down.
“As he was trying to pull my pants down he said ‘relaxe bae, I have wanted you for so long’ I was pushing him away asking him to stop but he partly entered me,” she said.
She said she rushed to the car and drove off crying.
However the magistrate said:”I find the accused with no case to answer and acquit him of the offence of indecent assault.”
By Lucy Phiri
Kalemba July 23, 2025
