Teddy Simwanza, a 59-year-old businessman and pastor from Emmasdale, has been acquitted of incest charges by the Lusaka Magistrate Court due to insufficient evidence. Simwanza faced allegations of sexually abusing his biological daughter, who was eight years old at the time of her mother’s death. The charges, under section 159(1) of the Penal Code, alleged that he had carnal knowledge of his daughter between January 1, 2013, and June 28, 2022.
During the trial, six prosecution witnesses, including the alleged victim, testified. The victim described an incident in June 2022, where she felt someone holding her hands and saw a face she believed to be her father’s. She also reported chest pains and dizziness after consuming ginger provided by Simwanza. Despite this, Magistrate Mutinta Mwenya noted inconsistencies in her testimony and raised concerns about possible false implications.
Medical evidence presented showed a broken hymen, STI, and fungi treatment, but did not conclusively link Simwanza to the abuse. The defense argued the prosecution’s evidence was insufficient. Simwanza testified that his daughter was under duress and accused the arresting officer of lying under oath. Two defense witnesses attested to Simwanza’s good character and the false nature of the allegations.
Magistrate Mwenya concluded that the prosecution had not proven its case beyond a reasonable doubt. Concerns about the victim’s potential manipulation by third parties and the overall reliability of the evidence led to resolving the doubt in Simwanza’s favor. Consequently, Simwanza was acquitted and released from custody, with the court emphasizing the prosecution’s failure to provide adequate evidence for a conviction.
