LUSAKA, Zambia- A South African food and beverage
manager was acquitted in Zambia this week on allegations of abduction
and indecently assaulting a 17-year-old Briton.
Livingstone Magistrate Greenwell Malumani said the arresting officer
Ray Kasanda’s submission to the court amounted to hearsay.
A witness for the prosecution said he did not see any sign of acrimony
between the accused, Sean Robertson, a Sun International employee,
and Grace Curran while they were at the accused’s dwelling
in the staff compound.
“The arresting officer Assistant Superintendent Ray Kasanda’s
submission to this court is one I did not labour on as it was hearsay,”
Malumani said.
“As for witness Brandon Tinsley he also failed to show that
there was a possibility that the accused did on March 24 2007 touch
Curran with sexual connotation without her consent,” Malumani
found.
He added it was not clear whether Curran had gone to the Sun International
hotel against her will.
Kasanda told the court that according to Curran’s report at
the police station, Curran and her friend Hazel went to Fizzy Bar
off Kazungula Road on March 23. There they met Robertson and Tinsley.
Tinlsey had told the court Hazel went with him to his bedroom. Curran
told police a drink was given that made her lose consciousness,
and when she came to, Robertson was having sex with her.
Robertson’s lawyer L’nutu Suba had argued that no reasonable
tribunal would find her client guilty based on the evidence submitted
before the courts.
She also noted that the prosecution had delayed the case by not
bringing the key witnesses and the complainant from England and
the Netherlands, resulting in three adjournments.
In passing judgment, Malimani said he agreed with the defense that
no reasonable tribunal would convict the accused based on the evidence
submitted before the court by the arresting officer and Tinsley.