This is in a case in which Evert Jan Wolf, 68, a Dutch consultant, has sued reporter Alex Njovu and the
Zambia Daily Mail Limited for libel as first and second defendants, respectively.
In a writ of summons dated February 20, 2012, Mr Wolf is claiming damages for defamation by libel contained in the newspaper article of February 2, 2012 entitled ‘Wolf charged for dog sex’.
When the matter came up for defence before Ndola High Court judge Petronella Ngulube on Monday, the girl, who is the newspaper’s witness in the case, narrated how she allegedly had sex with Mr Wolf’s dog in 2011.
Under examination in chief conducted by Zambia Daily Mail Legal Counsel George Zulu, the girl told the court:
“We went to Mr Wolf’s house in November 2011. It was raining on that day and we were in our school uniforms. We were advised to take off our uniforms and hang them and we were told to remove our underwear since they were wet.”
She testified that Mr Wolf allegedly told her and her friends to take off their clothes and gave them T-shirts.
The girl said after she and her friends took off their uniforms, a friend who took them to Mr Wolf’s residence identified as Maria served them some drinks.
“Maria is the one who brought the drinks. I took the drink and afterwards I felt drowsy. I told Maria that I was feeling sleepy and she told me to go and sleep in a room that she usually sleeps in when she goes to the house.
“Maria took me to the room and I slept. When I woke up,I found a dog on top of me…. I pushed it aside. I did not know what happened but I realised that something had happened. I was a virgin before that,” the girl testified.
During cross-examination by Mr Wolf’s lawyer, Derrick Mulenga, the girl denied being among the girls who were taken to the police for allegedly stealing Mr Wolf’s money.
She told the court that she knows the signs of the loss of virginity.
“I came to know that my virginity was gone when the dog had sex with me. It was painful and I was bleeding,” the girl said.
And Zambia Daily Mail Bureau Chief in-charge of the Northern region Jerry Munthali testified that he assigned Mr Njovu to cover a riot in Kalulushi.
Mr Munthali said the residents ran riot over allegations that a man was forcing young girls to have sex with his dog.
He said the headline ‘Wolf charged for dog sex’ was used as a metaphor, as it is the case with most newspapers.
Mr Munthali said the story was truthful because the Copperbelt commissioner of police is a credible source of information.
He argued that the riot in Kalulushi was sparked by allegations that Mr Wolf was forcing some girls to have sex with his dog.
But Mr Mulenga insisted that the story was defamatory and highly sensational as there was no paragraph in it quoting Ms Tembo saying Mr Wolf was forcing young girls to have sex with his dog.
But Mr Munthali insisted that police decided to charge Mr Wolf with defilement and indecent assault.
The court set August 8, 2013 for judgement.
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