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Zambia: Mufulira Garden Tender to Hang for Murder
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The Times of Zambia (Ndola)
14 May 2008
Posted to the web 14 May 2008
Ndola
A GARDEN tender of Mufulira was yesterday sentenced to death for killing a woman.
Before Justice Muyinda Wanki in the Ndola High Court was Kosamu Bupe, 42, of Kamuchanga Township who was found guilty of murder contrary to Section 200 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence were that on October 9 last year, Bupe did murder Ms Mirriam Musonda Mwamba in Mufulira.
A witness, lden Chendela, said in her testimony that on October 9 last year, between 06:30 hours and 07:30 hours as she was preparing to go for work, she heard a bang on the main gate and decided to peep through a window to see who had opened the gate.
Chendela, a teacher, said she saw Ms Mwamba and Bupe enter the yard quarrelling on top of their voices but could not make out what they were talking about.
A few minutes later, she heard Ms Mwamba scream for help and rushed into the sitting room where she found Bupe on top of the woman, squeezing and twisting her neck.
She inquired what the problem was but Bupe just looked at her once and continued squeezing Ms Mwamba's neck.
Ms Chendela said she tried to separate them but failed and decided to call for help from some neigbours.
A Mr Bwalya went in to try and rescue Ms Mwamba while Ms Chendela watched from a distance.
Mr Bwalya managed to get Bupe out of the house, who at that point had blood dripping from his hands.
Ms Mwamba was rushed to Malcom Watson Hospital where she was pronounced dead on arrival and Bupe was subsequently arrested.
In mitigation, assistant senior legal aid counsel, Kelvin Muzenga, said there was presence of extenuating circumstances from the evidence that was given before the court.
He said it was clear that Bupe was provoked and ceased to be the master of his mind although provocation was not a valid defence.
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But in passing judgment, Mr Justice Wanki said he had not found extenuating circumstances but that the prosecution had proved that Bupe had intention to cause the death of Ms Mwamba with the necessary malice aforethought.
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