25 November 2008
A PUPIL at Munali High School, who killed his aunt when he was 17 years old, was yesterday sentenced to death by hanging by the Lusaka High Court.
The court also sentenced a market agent to death after he was convicted of aggravated robbery charges.
High Court Judge, Gregory Phiri sentenced to death Brian Phiri, 21, a pupil at Munali Secondary School and Alex Njamba 26 a market agent after he found them guilty of murder and aggravated robbery respectively.
The court heard that Phiri stabbed his aunt Dyness Banda in the stomach with a knife on December 13, 2004.
She was taken to the University Teaching Hospital (UTH) where she died from the injuries.
In defence, Phiri denied stabbing his aunt and told the court that on that day, he was surprised that his aunt insulted him when he went home from school for entering the house after she had swept and for his drinking habits.
He said that Ms Banda had a knife which she wanted to stab him with but he he pushed her against the wall.
After a short while, he heard her cry and he noticed that she was in a pool of blood.
In delivering judgement, Judge Phiri said he found Phiri to have been possessed with malice aforethought and clearly intended to kill Ms Banda.
He said Phiri was a disgruntled and indisciplined schoolboy who was filled with jealousy for his aunt who helped to look after the family.
Judge Phiri said there was no evidence to show a possibility that the Ms Banda could have stabbed herself and that the court could not accept that any human being whether normal or abnormal could cause themselves deep wounds which were fatal.
"I have no choice but to follow the law and award the accused person the ultimate sentence available for this capital offence and I direct that at the appointed time and place at Mukobeko Maximum Prison, the accused shall be hanged by the neck until pronounced dead by a Government medical officer and may the Lord have mercy on his soul," said the judge.
And Judge Phiri sentenced to death Njamba, who while armed with a pistol, with others stole a cell phone, keys, note books, pens and K2.9 million cash from a shop in Soweto area on January 18, 2001.
The court heard that Njamba who was jointly charged with Richard Mbao who died while in custody, entered into the shop, pointed a gun at the shop owner and ordered him to lie down. The second assailant jumped over the counter and took the money and the goods and within five minutes they had disappeared.
In sentencing him, the court said there was only one sentence available where robbers used a firearm and that was death sentence.
In another matter, the court jailed Pasco Musonda for 15 years with hard labour for stealing a bicycle valued at K280, 000 from John Besa, a security guard.
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