7 November 2009
THE Supreme Court has upheld the death sentence slapped on Brian Mumbi of Lusaka who stabbed his aunt Dainess Banda to death in unexplained circumstances.
Deputy Chief Justice Ireen Mambilima, sitting with other Supreme Court judges in Kabwe on Thursday, said Mumbi acted in an irresponsible manner to a family member and using the excuse of having been drunk could not hold.
Mumbi had found her aunt plaiting hair and on his second time visit, he found her preparing to bath but threatened to stab her for no apparent reasons.
When he went back for the third time, he found that she had finished bathing and called her from the bedroom and stabbed her in the stomach and ran away.
Her aunt cried for help and was rushed to the hospital where she died the following day and Mumbi was arrested and charged with murder.
He argued that the witnesses called did not tell the truth of what transpired as it was his aunt that tried to stab him but overpowered her.
Mumbi had appealed against the sentence, arguing that the judge misdirected himself which Ms Mambilima dismissed.
She said that the lower court judge appropriately found Mumbi guilty, especially that the grounds of appeal were anchored on drunkeness which could not hold.
The deputy chief justice said the state of diminishing responsibility of alcohol could not be attributed to facts of the case, as the appellant was sober when he committed the crime.
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