The Lusaka High Court has overturned the conviction of Zambia Association of Musicians (ZAM) President Njoya Tembo’s wife, Brenda who was sentenced to five years imprisonment for assaulting her 14 year-old niece with a cooking stick.
Brenda was accused beating her nice with a cooking stick after she allegedly used a pressing iron she was not allowed to use.
She however, appealed against her conviction to the High Court.
Delivering judgment, High Court Judge Mwila Chitabo quashed the sentence passed by Magistrate Greenwell Malumani on grounds that there was no legal basis on which such conviction was passed.
Judge Chitabo found that there was dereliction of duty on the part of the prosecution when they failed to present the cooking stick as the instrument used to injure the child.
He said that the prosecution should have called Mr Tembo to give his evidence which should have collaborated with the other state witnesses on how the incident happened.
Judge Chitabo discredited all the five witnesses that testified as their evidence was not collaborated.
He said there were two inferences to be drawn and in the circumstance the prosecution did not prove its case