The Chinsali High Court in Muchinga Province has acquitted a 58-year-old man of Chama district in Muchinga Province who was facing one count of murder.
Sango Nundwe is alleged to have killed another man after mistaking him for a leopard.
Nundwe of Lubumbu village in Chama has been set free by Judge Kelvin Limbani sitting at Chinsali High Court of one count of murder contrary to section 200 Cap 87 of the laws of Zambia.
Particulars of the offence were that on the 3rd of January, 2020, Sango Nundwe, 58, murdered Ackim Zimba of Chama district around 23:00 hours with a spear after he mistook him for a leopard that had been attacking his pigs.
While passing judgement, Judge Limbani ruled that Nundwe who had pleaded guilty to the charge had proved to the court that he had no motive to kill the victim but mistook him for a dangerous wild animal.
Judge Limbani said the accused has been acquitted on grounds of mistaken belief where the posture of the object was mistaken to be a leopard that could not be clearly identified.
He further charged that the onus of the prosecution was to prove the offence beyond a reasonable doubt with an intent to commit the act.
“Prosecution has to prove that the accused killed the deceased with malice and intent,” he added.
Judge Limbani also stated that Nundwe did admit to committing the offence by declaring mistaken belief, adding that he went a step further to report himself to the police.
He said Nundwe’s actions prove beyond reasonable doubt of no intention to kill Ackim Zimba as he was in fear of a wild animal attacking his animals.
He added that two witnesses who testified before the court gave statements that do not point to any suspicious acts of Nundwe harming the deceased as they lived in peace in the same village.
“I hereby, acquit you of the charge of murder as I find no evidence to prove that the act was performed with an intent to kill attached to it”, he ruled.
Arrest this thing. How do you make SUCH a mistake. Its like me shooting lungu and saying I thought he was a dog when he is more like a mbeba
Was the man crawling to think that he was an animal
At least he’s guilty of manslaughter or something of a lesser charge than murder?
Please ignore the sick, insecure UK troll masquerading as Tarino Orange.
Jigga you are a f00l who has fallen for my clone’s silly lies. You clearly have no clue about who I am. You must be new to blogging here.
A leopard walks on four a human being on two. Night vision but you can throw accurately. This guy is not innocent, not at all!!
Kaizar Zulu wannabe, aka Mushota, aka sick insecure puppy… get a life mate! You will never be Tarino Orange… that man is a better man than you, even in your next life. So fuseke!
#2 You are right. There’s no way you can go scottfree for killing a person. This is man slaughter. Even when you kill in self-defense you get some kind of sentence like suspended.
Onus of proof prosecution? I think he meant burden of proof.
He should have been charged with a case of manslaughter because the important ingredient of malice aforethought doesn’t seem to exist. But then it can also be death by misadventure because what was the victim doing in his friend’s premises at that hour? Besides, in this area people use witchcraft to turn into animals like lions and leopards to poach from the game park or to steal. It’s likely the chap turned into a human after being killed. The Judge is correct
@Ayatollah, you seriously believe that people turn into leopards? That the deceased may have been a leopard, after being shared they became human again?
At everyone else, Tarino, Spaka, Kaizar Zulu and Mushota is one and the same person.
Well done judge…from the facts of the case the aquital was done in good Faith..
@Chiza Chirwa, go to that area and you’ll find those stories. A real lion can’t follow you in your house and kill you while you lay asleep, but that’s what happens in most of eastern province. Go to Luapula and you’ll find human crocs
@Ayatollah, so. You do believe that people turn into animals? And it is your view that a lion can NEVER go and eat humans as they sleep as recently happened in eastern province? The Lion was later shot dead.
Also, I do know these stories exist. Does it mean it’s true then?