8 November 2012

Zambia: I Deserve to Die for My Sins, Inmate Tells Court

A DEATH row inmate stunned the Supreme Court when he abandoned his appeal and declared that he deserved to die for attempted murder and aggravated robbery.

Brian Awiro Chibuye, 35, had appealed against the death sentence slapped on him by the Kabwe High Court on two counts of attempted murder and aggravated robbery.

Chibuye was convicted along with Richard Mborofwana Kunda, 42, in 2009, but appealed against the conviction and sentence.

But when the case came up for appeal before Supreme Court Justice Gregory Phiri, sitting with other judges in Kabwe on Tuesday, Chibuye, who was representing himself, told the court that he had decided to withdraw the appeal.

In his address to the court, Chibuye admitted having committed the crime and asked for forgiveness from the public.

He said his action brought pain and shame not only in the eyes of men "but also in the eyes of God."

"I brought shame in the eyes of both men and God and therefore I deserve to be hanged but on that I pray that you should remember me, yes I deserve to be killed for my action," he said.

Mr Justice Phiri dismissed the case and upheld the death sentence.

In the case of Kunda, acting principal Legal Aid Counsel Kelvin Muzenga argued that the evidence against the appellant was based on hearsay.

Particulars were that Chibuye and Kunda on June 30, 2002 shot at a motor vehicle which was being driven by Emmanuel Ponayotpolu in which his wife sustained injuries and robbed the couple of money and other valuables.

Mr Ponayotpolu and his wife, Dorice Musonda, were travelling from Kapiri Mposhi when they were attacked.

The two demanded money but Mr Ponayotpolu explained that he only had K5 million.

They argued that the amount was too small and that they needed K10 million.

Mr Ponayotpolu, however, told Chibuye and Kunda that some more money was with his wife who at the time had run away.

The two dragged Mr Ponayotpolu to his house where they grabbed US$2, 000 and other valuables before getting away with his Toyota Hilux.

After hearing the case, Mr Justice Reuben Mwape sentenced the two to death on April 27, 2009. Meanwhile, the same court has upheld a 25-year jail term on a 79-year-old man for defilement.

Redson Kumwenda defiled a 12-year-old girl on July 8, 2007, in Chama District.

Copyright © 2012 The Times of Zambia. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.