When they pulled into the parking lot, Zoe saw a ZNBC television crew waiting on the courthouse steps along with an army of pad-wielding journalists. They entered the judicial complex by a side door, bypassing the horde that had descended upon Sarge and Niza. They walked the length of the arcade and took their seats in Courtroom 10. Darious was already present in the dock. He gave Zoe a confident smirk. It was the first time he had acknowledged her directly. She looked away, enraged.
Before long, the lawyers took their places at counsel table—Sarge and Niza on the right and Benson Luchembe on the left. Luchembe’s entourage sat on the bench beside Zoe, and the press crowded noisily into the rear of the gallery. Frederick and Patricia Nyambo made their appearance at the last minute. They took seats immediately behind Zoe and Joseph, ignoring the swirl of hushed gossip among the journalists. Zoe glanced over her shoulder and saw the smugness on Frederick’s face. Patricia, by contrast, was a model of neutrality.
Moments later, Flexon Mubita took the bench. He peered over his glasses at the packed courtroom. “In the matter of Darious Nyambo,” he began, “I have reviewed the evidence presented at trial and recorded my findings and conclusions in a written judgment. Copies will be furnished to counsel and any interested third parties.” As he said this, he looked toward the press. “Are there any preliminary issues that I must address before I pronounce my judgment?”
Sarge and Luchembe both shook their heads.
“Very well,” said the judge, folding his hands on the bench. “This case troubles me deeply. As the father of two daughters, I am horrified by the crime of defilement. As a judge, I am angered by the violence that has attended these proceedings. Yet the law is not about my morality or feelings. It is about the conscience of our society. And society in its collective wisdom has placed a high burden on the state to establish the guilt of any man accused of raping a child. It is not enough for a victim to be found in a state of defilement. It is not enough that the accused knows the victim, not enough that he wishes her ill. The state is obligated to prove beyond a reasonable doubt that the accused in fact defiled a victim under the age of sixteen.”
Reasonable doubt, Zoe thought, her heart sinking into the mire. He’s going to hand the case to the Nyambos and look Solomonic while he does it.
The judge glanced at Darious. “After reviewing the evidence, I find that Kuyeya Mizinga was raped on the night of August 20, 2011. I find, moreover, that she was underage. I had hoped that DNA would establish the identity of the perpetrator with the same degree of certainty. Alas, we must wait for another case to bring Zambia into the modern age. In the absence of scientific evidence, this case boils down to the credibility of witnesses and the burden of proof.”
Mubita took a breath. “The prosecution presented a great deal of evidence about historical relationships between Darious Nyambo and the victim’s mother, Charity Mizinga, and between Ms. Mizinga and the accused’s father, Frederick Nyambo. This evidence was offered to establish the motive of the accused in committing this particular crime. While I find the prosecution’s theory highly intriguing, it is irrelevant to the question before the Court. Defilement is a strict liability crime. The thoughts in the head of the accused are immaterial. It only matters whether the evidence shows he committed the act alleged.
On that ground, I have excluded from consideration the following evidence: the journals of Charity Mizinga, the testimony of Dr. Amos, the testimony of Dr. Kruger, except as it pertains to the paternity of the victim, the testimony of Officer Kabuta about the accused’s state of health, and the testimony of Priscilla Kuwema, also known as Doris, except as to her observations of the accused shortly before the incident in question.”
He just eviscerated our case, Zoe thought, horrified. I can’t believe I’m listening to this.
“Concerning the eyewitness accounts,” the judge went on, “I see no reason to doubt that the children saw a silver SUV and a man who resembled the accused. I also find no reason to quibble with the testimony of the women from Kanyama. They saw and heard what they saw and heard. The question is whether this evidence is sufficient to prove beyond a reasonable doubt that Darious Nyambo defiled Kuyeya Mizinga on August 20 of last year. I find that it is not.”
Zoe closed her eyes and felt the pain down deep. How much she had risked for Kuyeya. How much they all had risked. They had built a persuasive case out of fragments buried in the past. They had defied their fears and spoken truth to power. And now a corrupt judge was dismantling their handiwork, piece by piece. She imagined Darious’s smile, the warmth in Frederick’s stomach. Check and checkmate, she thought. It’s all over.