The Chinsali High Court in Muchinga province has sentenced a 28-year-old man of Mafinga district to death by hanging after he was found guilty of murdering his wife.
Kabwe High Court Judge-In-Charge, sitting at Chinsali High Court, Kelvin Limbani found Justin Musukwa guilty of one count of murder, contrary to Section 200 Cap 87 of the laws of Zambia.
While passing judgement, Justice Limbani said he was satisfied with the evidence adduced in court by the prosecution team which proved the case beyond any reasonable doubt that Musukwa murdered his wife with a motive attached to the act.
Particulars of the offence where that on the February 9th, 2021, Musukwa stabbed his wife Florence Munyenyembe with an unknown object after an argument between the couple.
Testimonies from witnesses before the court indicated that the couple had been having arguments which had led to the deceased leaving her matrimonial home.
Judge Limbani said the now-convict on death row, who had later ran away to the neighbouring Malawi, showed no remorse for his actions by earlier denying ever committing the offence.
“It is clear that from the adduced evidence by the prosecution that no witness saw the stabbing but the accused failed to explain to the court how the deceased was stabbed,” he said.
He further stated that he heard what Musukwa’s Legal Aid Counsel Manda Kapisha said in mitigation that the convict was a first offender, but noted that he has no option except to give a maximum sentence of the charge.
Justice Limbani said in totality of the evidence, he found the accused guilty of murdering his wife, adding that he should be hanged until pronounced dead.
“You killed your wife with malice and intent to kill by stabbing her and I will sentence you to death by hanging, may the good Lord have mercy on you,” Justice Limbani said in passing the verdict.
Pf cadres
Chi tarino uli cipuba sana. Tawakwata amano
I thought the minister of justice was rethinking the death penalty? Obsolete guys, time to move on.
From what is written this is circumstantial at best.
Judge Limbani said “No witness saw the stabbing but the accused failed to explain to the court how the deceased was stabbed.” Really? So in Limbani’s court, stories of a fighting then going to Malawi is reason to execute?!?!? Without a murder weapon with the defendant’s fingerprints or something tangible this is heresy.
Maybe it is just bad reporting from LT, but before putting someone to death there needs be a much higher burden of proof and is appalling for a judge to say the defendant must explain how the crime was committed. Art 18(2) says innocent until PROVEN guilty! Mr. Musukwa should appeal.