13/06/2026
CANCER WARD SUSPICIONS LEAD TO CONVICTION OF FATHER FOR INDECENT ASSAULT
Lusaka | June 9, 2026 - What began as quiet concern among caregivers and medical staff at the Cancer Diseases Hospital has ended in the conviction of a 47-year-old man for indecently assaulting his biological daughter.
The Lusaka Magistrates' Court on Tuesday convicted CH after finding that the prosecution had proved the offence of indecent assault, although it did not find sufficient evidence to sustain the original charge of in**st.
CH had been charged with one count of in**st contrary to Section 159(1) of the Penal Code. The allegations arose from incidents said to have occurred between September 2024 and March 2025 while his daughter was receiving treatment at the Cancer Diseases Hospital in Lusaka.
The prosecution, led by State Advocate Mr. Milambo Sinyangwe and Senior Public Prosecutor Mrs. Grace Katoka-Muhumpu of the National Prosecution Authority's Gender-Based Crimes and Child Protection Department, called fourteen witnesses.
During trial, the Court heard how CH had brought his daughter from Southern Province to Lusaka for specialised treatment. While they were staying in the paediatric ward, certain conduct observed by caregivers and hospital staff raised concern.
Witnesses testified that their observations prompted a report to Kabwata Police, setting in motion investigations that would eventually lead to criminal proceedings.
The Court also heard evidence from the child, who demonstrated using anatomical dolls the conduct that formed the basis of the prosecution's case.
The child's mother testified that the accused had prevented her from accompanying their daughter to Lusaka, allegedly telling her that she could not travel because she neither read nor wrote English.
In his defence, CH denied the allegations and maintained that he had travelled to Lusaka solely to facilitate his daughter's treatment. He told the Court that he was shocked when hospital staff and later police informed him that he was suspected of sexually abusing his daughter.
However, after considering all the evidence before it, the Court rejected the defence.
In delivering judgment, Honourable Kawama Mwamfuli found that while the prosecution had not proved the offence of in**st beyond reasonable doubt, the evidence before the Court had established the offence of indecent assault.
Accordingly, and in line with Section 181 of the Criminal Procedure Code, which permits a court to convict an accused person of a lesser offence disclosed by the evidence even where the original charge has not been fully proved, the Court entered a conviction for indecent assault.
The matter will now proceed to the High Court for sentencing. Under Section 137 of the Penal Code, the offence of indecent assault carries a mandatory minimum sentence of fifteen years imprisonment. Because the prescribed sentence exceeds the sentencing jurisdiction of the subordinate court, the High Court will determine the appropriate sentence to be imposed on the convict. However, the shortest sentence the law allows for this offence is fifteen years imprisonment.
The conviction brings to a close a case that originated not from a formal complaint, but from the vigilance of ordinary individuals within a hospital ward who chose to act on concerns they could not ignore.
Their actions ensured that the matter was brought before investigators, prosecutors and ultimately the Court for determination.
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