Three Eastern men sentenced to death

Chipata High Court has handed over a death sentence to three men of Chipata and Petauke Districts in Eastern Province for murder.
The three were sentenced to hang by neck on Thursday.

High Court Judge Florence Lengalenga sentenced Philip Phiri 38 and Javas Sakala 48, who are all peasant farmers of Madzimoyo in Chief Chinyaku of Chipata.

And High Court Judge Mathews Zulu sentenced Shadreck Maliseni Biyemba Njobvu 44, a farmer of Simva village in Chief Mwanjabathu of Petauke to death.

Particulars of the offence were that Phiri and Sakala between 11th November and 12th November last year jointly and whilst acting together did murder Mark Siwo.
It is allegedly that the duo did murder a mental patient of Munga Township at around 23:00 hours of 11th November and 01:00 hours of 12th November.

The deceased was found in the kraal of a Mr Phiri trying to steal the animals and was apprehended adding that his hands were tied with a wire to a tree and that Philip shouted that they had caught a thief.

Philip was advised by his boss, a Mr Phiri to take the suspect to police but decided to invite people to beat him up which caused grievous harm to his body.

After causing grievous harm, Philip and Sakala were advised to take the deceased to the hospital but the two convicts with other unknown people ignored the advice and took him to Madzimoyo football grounds where they continued to assault him.

According to the judgment read out by Mr Justice Zulu, the convicts attempted to surrender the deceased to the officer –in charge and the section chairman but when they failed, they decided to punish the deceased by killing him.

“I find no jurisdiction for what the two convicts did and they must face the consequences of their evil and cruel deed and I therefore dismiss their pleas of extenuating circumstances and failed provocation.
Consequently I sentence both convicts, Philip Phiri and Javan Sakala to death. They shall be hanged by neck until they are dead,” Ms Justice Lengalenga said
She said both convicts had their right of appeal within 14 days from the date of handing down the sentence.
And Mr Justice Zulu sentenced Njobvu to death for the offence of stabbing Keyson Daka to death using a kitchen knife.

Facts before the judge were that on 6th January this year around 12:00 hours, the accused was with his colleague John Banda and Daka went to Bili’s place to drink some beers.
The court heard that the deceased bought the first beer, Banda the second, and Daka bought the last one.
As they drunk all the beers, the deceased told the convict to buy another bottle of beer.
It was at this point that the convict told the deceased that he had no money but Banda could buy the beers since he had some money.
The court also heard that the deceased could not hear what Njobvu was talking instead he insisted that the convict should buy the beer and bitter exchange of words followed and Daka insulted the mother of Njobvu.
A fight ensued and the deceased punched the convict on the head and the owner of the house intervened and almost separated the two.
The convict said he saw the deceased holding a knife in his right hand and he managed to get it from him and stabbed him at the same time.
However, Mr Justice Zulu sentenced Njobvu to death for stabbing his friend to death during the drinking spree.