THE Lusaka High Court has sentenced two Rwandese businessmen to six years imprisonment with hard labour after they were convicted of manslaughter.
In this case, Fresiyano Nyaiman, 28, and Edward Mpendwanzi, 36, were charged with murder contrary to the Laws of Zambia.
It was alleged that the duo on September 25, 2010 jointly and whilst acting together murdered Acklas Moonga.
The duo pleaded not guilty to the offence and the prosecution called eight witnesses in support of its case.
The court later reduced the charge to manslaughter.
According to one of the prosecution witnesses, the deceased, who was a bricklayer, went to a shop in Chalala and bought a sachet of milk.
However, the shopkeeper refused to give him his change, saying he had already been given.
During the argument, the deceased was hit with a Coca-Cola bottle on the head and bled profusely.
The witness also said he was standing next to the deceased when the owner of the shop hit him with his vehicle.
The witness explained that the deceased fell to the ground next to the vehicle.
In her judgment, Lusaka High Court judge Anessie Banda-Bobo said she had no doubt in her mind that the prosecution had proved beyond reasonable doubt that the duo’s unlawful action of hitting the deceased first with a bottle and later with the vehicle led to his eventual death.
Judge Bobo, however, said the state had not proved through the testimony of its witnesses that the duo formed the necessary intention to cause grievous bodily harm or had a blameworthy state of mind to kill the deceased.
“I have no doubt that A1 and A2 inflicted bodily injury on the deceased which ultimately led to his death even though not immediately,” she said.
Judge Bobo said on the weight of the evidence before her, the assault on the deceased was not so much that the accused could be taken as reasonable men to have contemplated grievous bodily harm.
“Consequently, I find that the accused committed the felony termed manslaughter by an unlawful act that is inflicting bodily injury which caused the ultimate death of Acklas Moonga although their acts were not the immediate or sole cause of death,” said judge Bobo.
{{The Post}}
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