MURDER-convict Precious Longwe has filed a notice to appeal against a death sentence slapped on her for killing her husband in May 2016.
Lusaka High Court judge Sharon Newa on April 13 convicted and sentenced Longwe, a former BancABC employee, to death by hanging for shooting dead her husband Akakanda Lubinda Litebele.
But Longwe, through her lawyer Osborne Ngoma, filed the notice in the Court of Appeal and stated that she was appealing against the conviction, sentence and order of judge Newa.
Longwe, however, stated that the grounds of appeal would be filed after perusal of the judgment.
Judge Newa found Longwe guilty of murder saying she had no excuse to put up because she killed her husband in cold blood.
Longwe had denied the charge when the matter came up for plea but 12 prosecution witnesses testified against her.
Judge Newa found that Longwe had an intention to kill as could be seen from the text message that she sent to her husband following a dispute on the material which read, “Anyway you will pay for this Lubinda!!!”
Judge Newa dismissed Longwe’s defence that the gun the couple were struggling for fired on its on.
She said it was clear from the evidence by the ballistic expert that the type of the gun that was used in the shooting was a semi-automatic weapon which could not fire without being triggered.
“She was not in eminent danger if being shot. If there was indeed struggle of the gun, the pictures should have shown and there is no evidence to show that the deceased had intention to kill, he could have been in the sitting room watching television out of frustration,” judge Newa said.
On the issue of provocation, the judge said the messages that the deceased sent to Longwe were not provocative.
Judge Newa also said the evidence by the defence that the accused was intoxicated could not hold.