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AFTER causing commotion at Choma Magistrates Court by escaping from lawful custody, a 42-year-old witchdoctor accused of raping 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.
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Around 11:00 hours yesterday, while being taken to the holding cell by a police officer, Muchinga, a farmer and traditional healer of Munganga village in Choma, escaped, making an officer to 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 police to 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 rape 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 13, 2023, Muchinga was in possession of a firearm, namely Norinco 9x 19mm pistol serial number 48107641 without a licence.
After the failed escape, Muchinga was taken back into court to answer for the offence 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 family knows that I have this disease which 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 in other two charges continues on November 16, 2023.
Zambia Daily Mail
