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The Lusaka Magistrate Court has heard disturbing testimony in a case involving a man accused of defiling his 7-year-old daughter while she was admitted to the Cancer Diseases Hospital (CDH) for treatment.
The child, who was in severe pain due to a cancerous tumor on her eye, was allegedly being sexually abused by her father during bath time.
The 47-year-old man is facing charges of defilement and is accused of taking advantage of his daughter’s vulnerable condition while acting as her caregiver. The matter is being heard before Magistrate Kawama Mwamfuli.
In court on Monday, the prosecution called two key witnesses: a nurse and a medical social worker attached to the pediatric ward at CDH, who detailed how suspicions of abuse arose and how the matter was eventually escalated to the police.
Precious Nalwimba, 32, a professional nurse stationed at the pediatric ward of CDH told the court that on the night of March 10, she received a WhatsApp message from her colleague, nurse Auran Chanda, who was on night duty, informing her of a disturbing rumor.
“I was told that there was speculation that the father of FH was sleeping with his child,” Nalwimba said.
The following morning, Nalwimba, who was acting as ward in-charge, brought the issue to the attention of a consultant doctor during their routine ward rounds.
She recalled asking the doctor to conduct full examinations on all female patients being nursed by their fathers, citing the rumor.
Nalwimba said FH had been a patient at the ward since the previous year and was suffering from a cancerous tumor on the left side of her face. The child, she added, was in excruciating pain and often remained bedridden.
In cross-examination, the accused questioned Nalwimba on whether she had any direct knowledge or evidence implicating him in the abuse. Nalwimba responded that her recommendation for full medical checks was based solely on the circulating rumor and not on any direct observation.
Sandra Ndhlovu, 45, a medical social worker at CDH also took the stand. She testified that on March 11 around 15:00 hours, she was informed by her colleague, Kasako Mandona, of a suspected case of sexual abuse involving FH.
Chingo, a medical doctor at the ward, had reportedly told Mandona that FH showed signs of sexual activity following an examination. Ndlovu and Mandona proceeded to the ward, where they discreetly observed the father and child without alerting them to the suspicion.
“We didn’t want to raise any alarm, so we just greeted them and left,” Ndhlovu said, adding that she recognized the man from a prior encounter when he came to request transport assistance from the social welfare office.
After confirming the situation with Dr. Chingo, Ndhlovu reported the matter to Kabwata Police and sent them photos of the child’s injuries, which had been shared with her by the social worker on the ward.
She later deleted the images from her phone, stating, “I didn’t want to keep looking at them.”
About 15 minutes after the call, three police officers arrived at the hospital. Ndhlovu requested the armed male officer to remain in the vehicle to avoid alarming patients.
The remaining two officers, accompanied by Ndhlovu, approached the accused under the pretense of offering transport assistance and led him to the social welfare office.
At the office, police introduced themselves and asked the accused if he had been to Kabwata Police before, to which he responded affirmatively. He was then invited to accompany them to the station for further questioning.
Meanwhile, the child remained at the hospital and was placed under the care of nurses.
Ndhlovu testified that on March 13, two women visited the ward claiming to be relatives of the child. One was identified as a cousin to the father and provided the contact information of the child’s mother, who was residing in Choma.
Efforts were made to contact the mother, who expressed shock upon learning of the allegations and cited a lack of transport as the reason for the delay in coming to Lusaka.
Two weeks later, she arrived and explained that she had not been at her daughter’s bedside because the father told her she wouldn’t manage, as she could neither read nor write and might struggle to communicate with medical staff.
Both the mother and the cousin were referred to the Department of Social Welfare, which had since taken custody of the child.
In a tense cross-examination,the accused repeatedly asked the witnesses why no document was issued to indicate that he had defiled the child, yet one was issued for a CT scan.
“You told the court you saw bleeding in the pictures. But the child was able to walk into your office. How is that possible?” he asked Ndhlovu.
She responded, “It depends on the child’s condition. And I did not examine the child. That was done by the doctor.”
When asked why she called the police without direct evidence of his guilt, Ndhlovu said, “It was a suspected case of child sexual abuse”.
Trial continues on Tuesday.
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