The Ndola High Court has sentenced a 41-year-old woman of Luanshya to death for killing her husband with a pounding stick.
Supreme Court Judge Muyinda Wanki sitting as Ndola High Court judge sentenced Jennifer Chipasha, a trader of 141/22 Mpatamato Township to death after he convicted her of murder.
Facts of the case are that Chipasha on June 12 last year in Luanshya murdered her husband of 24 years, Timothy Mwansa.
When delivering judgment, Mr Justice Wanki said according to the evidence in court, Chipasha and the deceased had six children and had conducted business together.
They had two houses, one in which they lived while the other was for storing the merchandise that they were selling.
On May 25 last year, Chipasha gave her husband K20 million to travel to Nakonde and buy beans and groundnuts.
She warned her husband that he should use the money wisely bearing in mind that there were school fees to pay and warned him against using any of it on alcohol.
The day before he died, the children informed Chipasha that their father had returned and when Chipasha went to see the merchandise he had bought from Nakonde, she found that it was only rice and beans worth K1.5 million.
[pullquote]“No one saw the accused beating her husband with a pounding stick but she has been linked to the offence by circumstantial evidence which shows that she was not happy with the way her husband handled the money and that she told numerous people that she was going to kill him with a pounding stick once she found him,” he said.[/pullquote]
That incensed Chipasha who started looking for her husband in bars he patronised and informed a number of people that she was going to kill him with the pounding stick once she got hold of him.
Later in the night, around 23:00 hours, Chipasha finally found her husband at their house where they stored their merchandise.
He was in the bathroom and she pushed the bathroom door open and injured him. They left for their other house and in the morning, he was bleeding and later died.
In his judgment, Mr Justice Wanki said the prosecution had proved that the deceased was beaten by a pounding stick resulting in injuries that killed him.
“No one saw the accused beating her husband with a pounding stick but she has been linked to the offence by circumstantial evidence which shows that she was not happy with the way her husband handled the money and that she told numerous people that she was going to kill him with a pounding stick once she found him,” he said.
Mr Justice Wanki said Chipasha was the last person to be seen with the deceased.
He said it was difficult to believe her story that he fell when she pushed open the bathroom door because injuries he sustained could not result from a fall.
In mitigation, defence counsel Kelvin Msoni said Chipasha was a first offender and that some of her children were young and required parental care.
He said Chipasha loved her husband and regrets having caused his death which was punishment enough.
Mr Msoni urged the court to consider the extenuating circumstances and mete out a lesser punishment than death.
He said Chipasha was a resident of Mapatamato Township where words that insinuated killing were said on a daily basis and never meant to actually kill anyone.
Mr Justice Wanki said he had listened to the mitigation but did not find from the evidence any extenuating circumstances.
[ Times of Zambia ]
too bad a situation.Women can also be cruel.Beer will never benefit any society.
Someone has been sentenced to death on purely circumstantial evidence when someone who received property from a known thief has been acquitted.
So called ‘christian nation’ still hanging people to die, why didn’t they give her life in prison with hard labour? If this was a china woman killing a zed worker she’d be out on bail for a few million ngwees!!!
Awe this judgement is too hush mweh!
Life sentence would have been even better looking at the story and the same circumstantial evidence! In Zambia,we use some of these words very casually with no intention of really killing someone!!! naluku’ipaya iwe!! nizamupaya uyu lelo, if she really meant to kill him she couldnt have said it out to anybody…
Circustantial Evidence;;evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact or
Evidence which does not prove a fact in issue directly, but rather indirectly by inference from subsidiary facts such as when a witness says “I heard a shot and I saw the accused with a gun in his hand standing over a body lying on the ground. …
oh no.. that’s a terrible sentence.. what happens to the six children now?
GOOD LET THE LAW TAKE ITS COURSE
Such a sentence should only be used on cold blood killers or pedophiles who enjoy hurting others and have no remorse.. I am saddened by this.. reminds me of the movie Cry the beloved Country…sad sad..sad stuff
she should appeal the sentence
It is obvious that this woman had hit the husband who later died but I do not think she meant to kill him, surely she was annoyed by how he misused the money and wanted to discipline him. Marriage of 24 years? a lighter punishment can do not death sentence please we are a christian nation and I think it is high time we did away with death sentence mwe bantu.
Reminds me of a movie!! this is a must watch movie
AMISH GRACE (2010)
When a gunman killed five Amish children and injured five others in a Nickel Mines, Pennsylvania schoolhouse shooting in October of 2006, the world media attention rapidly turned from the tragic events to the extraordinary forgiveness demonstrated by the Amish community. Through the eyes of a grieving mother, Ida Graber, and other devastated families, this movie explores the Amish’s astonishing reaction to the horrific shootings – of forgiveness and compassion
I didnt know that death sentence is still in enforcement in zambia.could this mean by hanging ?
I think though Im a lay person the supreme court has been very harsh and send someone to die on hazy evidence is bad. Indeed that guy could have died after a fall. what does postmortem say. If nobody saw the woman kill the man better set her free. death sentence is terrible as you dont punish a wrong by another wrong. no room for reform. I know RB wont assent to this horrible judgement
This is ridiculous #7 Miss Daisy you are right
#11 read the title of the story again.
This is where Judge Hamaundu will do a good job.His interpretation of the law and use of legal jargon is by far fit to be countered by fellow lawyers.But this judgement is not fair and the woman should appeal especially that the evidence is circumstantial.
Kumuponda chikamba ngalechita ubuchengeshi.There is a tendancy for alot of men to behave stupid when the see mola,garantee you this man did not even leave town to go for business.I recon he was a habitual drunk who alo spent some of the hard earned money on prostitutes and this was not the first time but too bad this time he did not live to see the sun rise.This is similar to the women who used to go play aka red naka black in kamwala this game also ruined families and marriages.So guys don’t be too smart for your spouses thats the end resullt.
Judge Wanki is known for very harsh judgements. If you have a case and on judgement day you see judge Wanki, just start crying even before the session begins. That man does not joke! I wish he could preside over corruption cases also, Regina Chiluba would be in Mukobeko by this time.
This sentence is truly harsh, it should be termed at least as manslaughter if at all she is the one who hit the man. The woman should appeal or our president should have her pardoned.
judge Wanki is famous for such judgements but of course I am not condemning him-he knows the law more than some of us….too bad for this mother,please people let our anger not take us this far please please
Awe that sentence is actually a fragment……it does not add up mwe.
Animal Farm.
Awe sure death sentence! Does it still exist in Zambia and by hanging?? The judge should excercise leniency based on the following:
1. No intention to kill but just to teach a lesson
2. First offender
3. Circumstancial evidence no witness or murder weapon found (did pounding stick have blood?)
4. 6 Children will be ophaned.
Please ba Judge. Naeve muzimayi uyu couldnt she have just tannad him s.ex for a month. Thats real punishment. No vi s.ex 1 month, ungafunte!
the children are literary ‘orphans’ now
Tiwaseka kwati it’s funny! Mudala amwela capital? kumunaya no mwinshi LOL
How do you hang some one based on circumstantial evidence. This Judge must have been on weed.
This judgement is very nonsensical. How does a learned judge sentence someone purely on circumstantial evidence to death!!!The judiciary in this country never ceases to amaze me. This is ridiculous. I no longer believe in our judiciary its very very porous and corrupt.
This woman married this man at 17 years of age, technically still a child. Being married to a man who drinks senseless is not easy and they have six children together. This woman clearly worked hard to support the children.
What this judge has done is orphaned these children.
Judge Wanki, you have erred. Manslaughter would have been appropriate.
20m was jackport ku samwa ku nakonde in bars and lodges. judge pardon the mother of six childredn and feel for the children, remember she is the bread winner. for 17 years in marriage is not a big joke. kuti wachi ipaya but without meaning that you will kill.