By Isaac Salima:
The High Court sitting as a Constitutional Court has completed hearing from witnesses in a case in which some individuals want it to declare that laws that criminalise same sex marriage are unconstitutional.
The case has since been adjourned to August 28 2023.
Tuesday, hearing started with State lawyer Victor Jere raising what he described as serious concerns— claiming that first claimant Wim Akster made some phone calls to one of the complainants on Monday evening.
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Jere claimed to have a screenshot of four attempted calls from Akster to the complainant, who did not pick up his call.
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Lead judge Joseph Chigona then asked Fostino Maere, Akster’s lawyer, to talk to his client to desist from such tendencies, which are a violation of one of his bail conditions.
The morning hearing saw Maere, who is the lawyer representing Akster, re-examining his client.
Akster, who is answering charges related to sexual abuse and having carnal knowledge of some of his employees and students at Timotheous Foundation, told the court that some people are behind this.
“I know people who are sending these people to implicate me and I also know those who are behind this. I do not know anything about the allegations leveled against me,” Akster, who on Monday denied to be gay, said in his response in court.
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Then the turn of Bob Chimkango, who is lawyer for the second claimant Jana Gonani, came. Initially, he cross examined State witness and Principal State Advocate Samuel Chisanga— who initially prosecuted the appellant.
Chisanga, who is also a practising lawyer, was quizzed about the witness statement he made.
Chimkango argued that his client’s rights were violated during investigations.
He said, for example, that the client was taken for medical examinations, where he was forced to undress.
Chigona, Chimbizgani Kacheche and Vikochi Chima are hearing the matter.
