Justice has come calling amidst cases of rapes, incest and defilement as the Lusaka High Court has sentenced a 55-year-old man of Lusaka to 40 years imprisonment with hard labour for defiling his 13-year-old biological daughter, claiming that “something” entered him and led him to do the act.
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Bernard, without wasting the court’s time, boldly admitted the charge stating that he only slept with his daughter once on October 5, 2024.
During trial at the Lusaka Magistrates’ Court, Bernard told the court that he saw “something” and later realised he was having carnal knowledge with his daughter.
The convict was charged with incest contrary to section 159 (1) of the Penal Code chapter 87 of the laws of Zambia.
According to the court’s record, the survivor only identified as JD, around 23:00 hours on October 5, 2024 was sleeping at her neighbour’s when her father called her to go and sleep at his house telling her that he bought her the books she wanted.
Bernard told her not to be scared to sleep in the house and that she should be free around him when her mother is not around.
The girl said she went to sleep in her bedroom, but as she was about to sleep, her father entered while holding a green knife in his hands threatening to kill her if she screamed.
She said Bernard told her she shouldn’t tell anyone about what he was going to do.
“That is how he locked the door and covered me with a blanket,he undressed me and had carnal knowledge of me.” JD recalled.
She said while everything was happening, her mother was not at home.
JD reported the issue to her neighbour the following morning who told her to tell his elder sister. And they decided to report the matter to the police.
The subordinate court found him guilty upon his own admission of guilt and convicted him.
Bernard was committed to the High court for sentencing.
At the High Court, Judge Susan Wanjelani added 40 years to his original years, meaning by the time he will be released, Bernard will need a walking stick to walk and his energy to repeat the offence at 95 years will have been dismantled.
In rendering the sentence, Judge Wanjelani said a father is a respected and trusted person who is supposed to protect the children under his care but Bernard proved otherwise.
She said the offence was traumatizing to the teenager.
“Considering her age of 13 years, the victim will live with the stain and trauma for the rest of her life.”
“Whilst i acknowledge that the convict did not waste the court’s time,it does not take away the impact his actions have had on his daughter,” she ruled.
Judge Wanjelani also took his mitigation into consideration.
“In taking into account his mitigation and also to give him enough time to atone for his wrong doing, I sentence the convict to 40 years imprisonment with hard labour effective October 21, 2024, the date he was taken into custody,” ruled the judge.
By Lucy Phiri
Kalemba May 15, 2025
