Woman was over 18, magistrate seized drunk at hotel tells court

A magistrate has moved to court to stop his prosecution over an alleged involvement with an underage girl.

Senior Principal Magistrate James Ongondo was arrested on Friday last week after a manager at Sharies Bar and Restaurant in Kaplong alerted police that he was in the company of an underage girl.

In the petition filed by his lawyer, Mr John Swaka on Monday,  the magistrate said on the material night, he was drunk and noted that the woman he is accused of defiling was above 18. He reiterated that he was a husband and father.

The magistrate sued the Directorate of Criminal Investigations, Inspector General of Police and the Director of Public Prosecutions.

He said he had 15 years’ experience as a magistrate and had risen through the ranks owing to his exceptional performance in all his work stations, something his employer had also recognised.

Mr Ongondo said on the day of his arrest he was at a social function with his peers when he was accosted by police officers.

Alcoholic drinks

“I was inebriated, having imbibed a few alcoholic drinks, being that I was away from official duties and celebrating a milestone accomplished by one of us,” he said in his petition.

Mr Sakwa, in the petition, said the magistrate drunk with friends after completing his official duties, a practise widely acceptable around the world. According to Mr Swaka, the magistrate was in the presence of a woman who was above 18.

In the petition it is claimed that Mr Ongondo was arrested while retrieving his belongings from his car and taking them to the room he had reserved for himself.

Mr Swaka claims in the court papers that his client tried to explain to police officers that the alleged underage girl was a woman aged above 18, but they would not listen.

“Police informed the Magistrate that the owner of the hotel he had booked to spend time with the alleged lady was the one who informed them that the lady was underage,” said Mr Swaka in the petition.

His lawyer said in the petition that the woman had been drinking alcoholic beverages with the magistrate and his peers, but the hotel establishment never raised an issue about her age.

The lawyer said they had verified the true age of the woman by producing her birth certificate, which showed that she was 22.