THE Ndola High Court has sentenced a 37-year-old man to five years’ imprisonment for causing the death of his friend using wrestling skills.
This is in a matter where Mulonda Mundia was charged with murder contrary to section 200 of the Laws of Zambia.
When the matter came up on Thursday, the state applied to have the charge amended to manslaughter.
It was alleged that on September 20, 2019, Mundia a farm worker unlawfully did cause the death of Chisenga Nkandu.
After the charge was read to him, Mundia pleaded guilty to the charge of manslaughter.
Facts before court were that on the material day, Nkandu was sent to the farm of Mr Mutelo to buy vegetables.
He was approached by Mundia who worked at the farm and the duo started to play a wrestling game. According to the facts in brief, Mundia lifted Nkandu and threw him down on his head.
Nkandu became motionless and stopped breathing. Mundia ran to the hills where he hid. He was later arrested by villagers who brought him to Ndola Central Police Station.
“The body of the deceased was certified brought-in-dead at Ndola Teaching Hospital. The postmortem report started that the death was caused by head injuries,” stated the facts in brief.
Ndola High Court judge Derrick Mulenga said upon Mundia’s own admission of facts, the court convicted him accordingly.
In mitigation through his Legal Aid lawyer, Mundia said he was married with three children and that he had reflected on his actions during his time in remand.
Justice Mulenga said he had considered Mundia’s mitigation and that he was a first offender who admitted the offence and did not waste the court’s time.
“The death occurred in very unfortunate circumstances where two adults engaged in a sport without proper rules. It is unacceptable that people can reciprocate what they watch on TV such as WWW wrestling,” said judge Mulenga.
“Those who engage in such are trained individuals. In fact, there is a warning or disclaimer ‘do not try this at home’. As you have seen life was lost and life is precious. The offence committed can see the convict go in prison for a long time. Because of the circumstances of the case, I sentence you to prison for five years with hard labour effective the day of arrest.”