The Kasama High Court has sent three men to the gallows for murder including one who murdered his estranged wife and hid her body under a heap of unshelled maize.
In the first case, presiding judge Petronella Ngulube convicted and sentenced Kennedy Chileshe, 26, of Mungwi District to death for murdering his wife Petronella Nkole on June 26, 2014.
One of the prosecution witnesses Exhilda Chanda who was the deceased’s neighbour testified that she was on the material day doing her laundry around mid-morning when she heard someone shout, “Bashi Kennedy, did you call me to come and kill me?”
Ms Chanda said she lifted her head to see who was crying out but did not see anyone. She then heard another shout of “I am dead” and got concerned enough to get up investigate.
She saw Chileshe leave his house alone.
Chileshe later came back and asked Ms Chanda if he had seen his wife with a Mr Phiri.
A group of neighbours that became worried after everyone failed to trace the whereabouts of Ms Nkole decided to search Chileshes’s house.
When they got to the to a room where maize was kept, they noticed that the maize was heaped on one side.On closer scrutiny, one of the neighbours, Lloyd Chanda saw an elbow of a person protruding and upon realizing there was a body underneath ran out of the house.Members of the crime prevention where informed and they retrieved the body from under the maize heap and it was positively identified as that of Ms Nkole.
In his defence, Chileshe admitted that his wife went to get maize from the pantry and they differed over the maize and fought. He said he hit Ms Nkole with a fist and she fell down and died.He said he was filled with fear and left the house to go and inform his relatives.
Mrs Justice Ngulube citing the case of Kashenda and others Vs The People she quoted: “Where evidence of assault followed by a death without opportunity for a novus interveniens, a court is entitled to accept such evidence as an indication that the assault caused the death.
(Novus actus interveniens is a Latin term which means a new intervening act. It is an act or event that breaks the causal connection between a wrong or crime committed by the defendant and subsequent happenings. The new event relieves the defendant from responsibility for the happenings.)
“I therefore accept that the accused caused his wife’s death.”
The judge also said she did not find any extenuating circumstances. “I therefore return the mandatory verdict for the offence of murder, the death sentence.”
In the second case Mrs Justice Ngulube also sentenced Humphrey Sinkonde to death for shooting his uncle Winford Matafwali in cold blood over a family feud involving a piece of land.
“The accused (Sinkonde) went to the deceased’s house with a gun to shoot him and cause grievous harm or kill him, which he did. The murder was therefore premeditated and an act of pure evil. I direct that Humphrey Sinkonde be hanged by the neck until he is pronounced dead,” she said.
The judge also handed down a third death sentence in a case in which Stephen Simuntala was charged with the murder of Aggrey Sinkala during a fight.
God has given government the authority to determine when capital punishment is due (Genesis 9:6; Romans 13:1-7). It is unbiblical to claim that God opposes the death penalty in all instances. Christians should never rejoice when the death penalty is employed, but at the same time, Christians should not fight against the government’s right to execute the perpetrators of the most evil of crimes.
Thanks
It seems the judge was in a bad mood that day, she was just handing out death sentences like candy! I think hanging someone is so 11th century. Surely in the 21st century there should be more humane methods employed. I think those men should be sentenced to life imprisonment and their physical strength put to use in farming,construction etc..moral of the story -you are screwed if your judge is having PMS Novus actus interveniens doesn’t even justify her actions
When I become president, I will ban death sentences and replace them with age rated radical sentences. Under this age related sentencing, first degree murderers will be sentenced to jail until they are 85 years old while those charged with man slaughter will be sent to jail until they are 70 years old. Those murderers above 65 will get only 15 years for man slaughter and 25 years for first degree prison sentences.
For young offenders, below the age of 17, they will be jailed until they are 55 years old.
Murderers will not get parole until they have served 75% of their sentences.
I believe this is the best alternative to death sentences.
@Ex-Mom you are funny but right. If the Judge picked up a fight with her husband that day, Mr. Ngulube could have died. Today she could herself to death and not manslaughter.
The reason i LOVE the death sentence is the assurance that the perpetrator will never live again to cause harm or death to anyone EVER again!
Bembas are evil people like their dying walking horse Sata.
Not some of those Bembas I know. All tribes have terrible criminals. I do not know of any tribe devoid of murderers.
Cetty you are a fool I have never seen in my life what have Bembas done on this issue? At times its more helpful to keep quiet than opening your dirt mouth on matters you do not understand
you always talk abt bembas wat are they done? and the high court judge is jst judging according to the constitution so if you want pipo to be killed like chickens and eat ,you revise the constitution in order for the culprit to go free
You loose the right to live once you willfully cause another to loose life.
It is not the living soul’s right to forgive or sentence the willful slayer of man to anything but loss of life.
That right lies with the slain but the slain is in no position to enjoy it.
A fair assumption is that the slain would want to be equal in status with the willful slayer, and so comes the equaliser.
As such the death sentence is fair to the slain, and no one else but the slain.
Unless you’re the slain never ban the death penalty.
Oweeeeeeeh mukaiyi nyelawila namenso yakafuma muma socket nga bamikulika ba makaka pantu fipishenimo,it is really an excrutiating way of leaving ichalo ichi icha lowesha.Anyway tangileniko mukaposheko na chi leader cha fi boko haram when u meet,this world will be a betr place without u ingrids………
Ya Sinkonde naya Simuntala ya Bemba cumi .ca less
Who the hell are the Members of the crime prevention? Poor article. Members of the crime prevention LOL. Very funny. Does Zambia has the death sentence in its current Law or this judge was just drunk?