Polygamist denied bail for allegedly sexually abusing biological daughter

A 47-year-old polygamist and herbalist, Steven Phiri, has been denied bail by the Lusaka Magistrate Court as he awaits trial on charges of sexually abusing his biological daughter and allegedly infecting her with HIV.

Phiri, who pleaded not guilty to the charges, has been in custody for over 119 days.

His defence team argued that the prolonged detention was not due to any fault of his and that he posed no flight risk, citing his permanent residence at Plot 105594/3J.

They assured the court that he was willing to comply with any bail conditions, including regularly reporting to the nearest police station.

“The accused has a fixed place of residence and is not a flight risk. He is ready to abide by bail conditions. His continued detention infringes on his constitutional rights,” the defence submitted.

However, the State opposed the application, arguing that Phiri lived in the same house as some of the prosecution witnesses and could interfere with their testimony if released.

“There is a high risk of witness interference. The accused only appeared before this court three weeks ago, despite being in custody for 119 days. It is in the interest of justice that he remains in custody,” the prosecution said.

In response, the defence maintained that the State had failed to present any affidavit or concrete evidence showing that the accused shared a residence with the witnesses.

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“The objection has no factual backing. No affidavit has been filed to support these claims. The accused has made an undertaking to comply with all court conditions,” they argued.

Delivering ruling, the presiding magistrate Kawama Mwamfuli noted that although Phiri’s legal right to apply for bail was not in dispute, the potential for him to interfere with witnesses outweighed those considerations.

“The court finds that there is a likelihood of the accused tampering with witnesses, as he resides in the same house with some of them. This is not a fitting case for bail pending trial. The application is dismissed,” the court ruled.

The matter has been adjourned to July 23 for mention and August 7 and 21 for further proceedings.

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