THE Lusaka Magistrates’ Court yesterday sentenced a 28-year-old man of Mtendere compound to five years imprisonment with hard labour for two counts of grievous bodily harm. Before magistrate Felix Kaoma was Frederick Musamulika and Godfrey Mwanza (27) who were jointly charged with two counts of grievous bodily harm contrary to the Laws of Zambia.
It was alleged that Musamulika and Mwanza on March 12, 2018, jointly and whilst acting together, caused grievous bodily harm to Foster Phiri and Peter Mwanza.
The accused stabbed Phiri in the stomach and left eye while Peter Mwanza was stabbed in the stomach. The court, however, acquitted Godfrey Mwanza because the prosecution failed to prove the offences against him. The magistrate convicted Musamulika, saying he was satisfied that the prosecution proved the two counts against him and sentenced him to five years imprisonment with hard labour in each count to run concurrently, meaning he would only serve five years.
“A1 knowingly and consciously stabbed the victims, thus, he intended to do the actual harm to both victims. The necessary mens rea for the offence of grievous bodily harm has been proved to the required standard,” said magistrate Kaoma.
The court heard that on the material day, the first victim, Phiri, was drinking beer with his friend Peter at Ashani bar.
Phiri went to the toilet to ease himself and that as he was returning, he met Musamulika with two other people.
It was heard that Musamulika stabbed him in the stomach with a knife and also on his left eye before he fell to the ground and became unconscious. Phiri woke up from Levy Mwanawasa Hospital after three days. When Peter heard his friend Phiri screaming from the toilet, he went to check on him but was also stabbed in the stomach.
It was heard that Peter fainted and only found himself at Levy Mwanawasa Hospital.