AFTER causing commotion at Choma
Magistrates Court by escaping from
lawful custody, a 42-year-old witch doctor accused of rap!ng his 17-year-old patient now claims to have an illness which causes him to run around aimlessly for between 30 minutes to an hour.
For escaping lawful custody, Magistrate Cynthia Kapembwa has sentenced Shyvin Muchinga to one year in jail so he can enjoy’sleep walking’ in a correctional facility.
Around 11:00 hours yesterday, while being taken to the holding cell by a police officer, Muchinga, a farmer and traditional h£aler of Munganga village in Choma, escaped, making an officer
fire two warning gun shots, which attracted the attention of people who were at or near the magistrates court.
The escape mission, however, failed as vigilant members of the public helped the police apprehend Muchinga, near Chuundu Secondary School.
This was shortly after the court adjourned the continued trial in a matter Muchinga is facing two counts of rap£ and illegal possession of a firearm.
In count one, on September 9, 2023, in Choma, Muchinga allegedly had unlawful carnal knowledge of his 17-year-old patient who was being kept at his place for cleansing, without her consent and in the presence of his wife.
For count two, on September On June 13, 2023, Muchinga was in possession of a firearm, namely N0rinco 9x19mm pist0l serial number 48107641 without a
licence.
After the failed escape, Muchinga was taken back into court to answer for the offense of escaping lawful custody before magistrate Kapembwa, to which
He willingly pleaded guilty, but with an explanation.
“I wasn’t feeling myself, and I don’t even know what was happening. I am sick; even my My family knows that I have this
disease that makes me run [around] for 30 minutes to one hour. I didn’t know what was happening, so people just told me to say, ‘You did this and that.” he
said.
Magistrate Kapembwa asked Muchinga, if he had justification to escape lawful custody, to which he said no.
In mitigation, Muchinga asked the court to forgive him because he was not himself, but the’sickness’ that influenced his escape.
Magistrate Kapembwa convicted him and sentenced him to one year imprisonment.
Since you say that you sleep-walk, you can now go and Enjoy your sleep-walking in a correctional facility,” she said.
Trial on the other two charges continues on November 16, 2023.
Credit Zambia Daily Mail