By 
Lusaka-based actor, Leo Dauty Simukoko, popularly known by his screen name “Mushala,” breathed a sigh of relief on Tuesday after the Lusaka Magistrate Court acquitted him of indecent assault charges, citing a lack of corroborative evidence.
Simukoko had been accused of indecently assaulting a fellow actress and laboratory technician in an alleged incident that occurred on March 27, 2022, in Lusaka’s Obama area.
Delivering his ruling, Magistrate Chrispin Hampungani found that the prosecution failed to present independent evidence to support the complainant’s claims.
“The standard in such cases is proof beyond reasonable doubt, and corroboration is not just desirable but required by law in sexual offence matters.
“In this matter, there is nothing in the prosecution’s evidence that sufficiently connects the accused to the alleged act,” said Magistrate Hampungani.
He ruled that the complainant’s testimony, while detailed, stood on its own and was not backed by any independent evidence.
The medical report merely reflected the complainant’s statements and did not offer physical proof of assault.
The court also found the torn lingerie presented by the state to be inconclusive and unrelated to the specific incident or the accused.
Witnesses brought by the prosecution were deemed to have offered hearsay evidence with no corroborative value.
Additionally, a report from the Zambia Information and Communications Technology Authority (ZICTA) only confirmed communication between Simukoko and the complainant but failed to link the accused to any criminal act.
Magistrate Hampungani noted that the possibility of false implication could not be ruled out and, in the absence of credible supporting evidence, acquitted Simukoko of the charge.
Simukoko, who had consistently denied the allegations, was represented by lawyer Willis Muhanga, who said the accusations had severely affected the actor’s career.
“The damage to his reputation has been immense, but we are thankful that justice has prevailed,” Muhanga said.
Simukoko left the courtroom a free man after the magistrate declared there was no case to answer.
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