A 43-year-old businessman of Lusaka’s PHI residential area has been fined K5000 in default nine months imprisonment with hard labour by the Lusaka Magistrates court for being in possession of pornographic DVDs and a CD.
Patrick Kafwebu was fined by Magistrate Aridah Chulu after he was found guilty of being in possession of DVDs and a CD containing obscene material likely to corrupt good morals.
Upon his admission of guilt Kafwebu told the court that he was aware that the DVDs contained obscene material but that he was using them for personal use.
He said he was given as a gift by his cousin and he enjoyed watching them at home in his free time.
Kafwebu said he had no lawful authority to be in possession of the pornographic DVD’s.
Particulars of the offence were that on March 4,2014, Drug Enforcement Commission officers conducted a search in PHI and searched the home of Kafwebu.
During the search, the officers found two DVDs and a CD labeled the ZED Ruffian Girl Iris and Indian Gaya respectively all containing obscene materials.
When showed what was found, Kafwebu admitted ownership of the DVDs and a CD.
He was picked up and taken to the police where he freely admitted the charge and was formally arrested and charged for the offence.
In mitigation, Kafwebu asked the court to exercise maximum leniency on him as he was remorseful of his action.
But Magistrate Aridah Chulu said as much as she would exercise her leniency as the accused was the first offender, she noted that the offence Kafwebu committed was serious as it would corrupt the good morals of innocent children.
She said acquitting him would not help as other would be offenders would never learn that it is illegal to be found in possession of such materials. To this effect, Magistrate Chulu fined Kafwebu K 5000 or in default serve nine months imprisonment with hard labour.