ZAMBIA: MWENSE FISHERMAN TO HANG

June 27, 2013: In Zambia, the Ndola High Court has sentenced to death a 23-year-old fisherman of Mwense district for beating to death his friend during a fishing expedition on Luapula River.
High Court Judge Mary Mulanda sentenced to death Savour Mukanso of Lukwesa Village in Mwense District after finding him guilty of murder contrary to the laws of Zambia.
The convict between January 8 and 9, this year, in Mwense murdered Maybin Mutale and dumped his body in Luapula River while the two were on a fishing expedition on the same river.
During trial, eight witnesses were called to give evidence in the matter.
David Mutale, the brother of the deceased, testified that on January 9,he received information that Maybin had drowned in Luapula River after the boat he was peddling during a fishing expedition capsized.
He told the court that he went to the river with the other family members to confirm whether the person reported to have died was his brother.
Mr Mutale told the court that he identified the body and noticed that the deceased had blood coming out of the nose and the stomach was flat.
Another witness, Angril Dumbilinim, a medical doctor at Mansa General Hospital told the court that the cause of death was acute respiratory failure due to trauma of the lungs.
Dr Dumbilinim told the court that the cause of the death was not due to drowning because there was no water in the airways.
He testified that the accused was hit by an object which led to the rupture of the lungs, hence the bleeding from the nose and mouth.
In defence, the accused denied causing the death of his friend and told the court that the deceased failed to swim after the canoe they were using for fishing capsized.
In mitigation, he pleaded for leniency and told the court that he was a youth and a family man who was remorseful over his actions.
In passing the sentence, Ms Justice Mulanda told the convict that he failed to defend himself and that his action was not justifiable.
She said the kind of injuries found on the deceased’s body were a clear sign of malice aforethought on the part of the accused person because he intended to kill.
“Having found so, I find the prosecution proved this case. The only person who could have beaten the accused was you because you were the last person he was last with.
“I, therefore, find you guilty of murder and I sentence you to death by hanging” she told the convict. (Sources: times.co.zm, 27/06/2013)