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Court jails Petauke dad 99yrs for manslaughter of daughter

THE Chipata High Court has sentenced a 30-year-old man of Sinda district to death for murdering his two-year-old stepdaughter.

And a Petauke resident has been jailed 99 years for manslaughter.

Lusaka judge Kazimbe Chenda, who was sitting in Chipata, jailed Aliyele Phiri of Kachamba village for murdering Sarafina Phiri on December 15, 2019.

The prosecution called five witnesses to prove its case but Phiri did not call any witness in his defence.

The deceased’s mother, Melesiya Mvula, who was the first prosecution witness told court that on the material date, she left home for Mtandaza area and that the deceased who was 2 years 11 months old and her other 10-year-old daughter were left under the care of the convict.

Mvula said she was later informed that she needed to return home because her daughter was unwell.

She said when she returned home, she found that the deceased was very weak.

Mvula said at the time she went home the accused was not there.

She said when the deceased was taken to Mtandaza clinic, it was discovered that she was bleeding from her private parts.

Mvula said the deceased was later taken to St Francis Mission Hospital where it was discovered that she had a broken rib, and damaged internal organs as well as broken neck.

She said the convict ran away when he heard that the deceased had died.

A 10-year-old child who was left at home together with the deceased told the court that the accused gave her K20 and told her that he would take care of the deceased.

Namonda Mutendewa, who was the arresting officer, said she received a report of alleged defilement and murder, adding that her investigation established that the deceased was bleeding from the private parts.

But in his defence, Phiri said on the material date. he left home at 06: 00 hours for the field and when he went back home at 12:00 hours, he found that the deceased was sick as he was sleeping and vomiting.

He said the deceased was near a 50 kg sack which he left in a standing position but was now lying down which suggested that it fell on her.

Judge Chenda said the prosecution proved beyond any reasonable doubt that the accused atrociously assaulted his stepdaughter, including sexually, resulting in her death.

He also said the prosecution had also proven beyond reasonable doubt that the accused was possessed with malice aforethought.

Judge Chenda sentenced Phiri to death.

And Judge Chenda sentenced Kachingwe Daka of chief Mumbi’s area in Petauke to 99 years imprisonment with hard labour for manslaughter.

Daka caused the death of his 2-year-old daughter Juliana Daka in 2018.

The deceased’s mother, Dorothy Phiri, 35, of Chimpote village in chief Mumbi’s area, said she was married to the accused but that they were not living together in 2018.

Phiri said in the same year, the accused visited her and said he wanted to take the deceased to his parents and was to return her in the afternoon or in the evening.

She said the accused accordingly left with the deceased who was wearing a red dress and yellow hood.

Phiri said the accused returned home in the evening without the deceased and when queried, he advised that Juliana would be brought the following morning by an unnamed cousin.

She said when days went by without the return of Juliana, they reported the matter to police which led to the apprehension of the accused.

In cross-examination by senior Legal Aid counsel Crippen Siatwinda, Phiri said even though she claimed to have been married to the accused, they had just cohabited for a brief period.

She said when the accused got Juliana from her, they were still in a relationship but were staying apart.

Detective chief inspector Christian Kalonde Mutale, who was the arresting officer, said on 23 April 2019 he received a docket for murder in which the accused was alleged to have killed his own daughter in 2018.

He said during investigations, he received information that Juliana was buried at Minga Stop adding that he got an order for exhumation of the body from the magistrates’ court.

Mutale told the court that the accused led him and other people to a place where the deceased was buried.

He said when they dug, they discovered what appeared to be a human child’s skull and bones.

Mutale said the recoveries were submitted to the state forensic pathologist and he received a report.

He said the accused person was the last person who was seen with the deceased.

In his judgment, judge Chenda said the prosecution had proved that the accused caused the death of Juliana.

He, however, said the prosecution did not prove beyond reasonable doubt that the accused was possessed with malice aforethought.

Judge Chenda said he did not find the accused guilty of murder and acquitted him of the murder charge.

He however found Phiri guilty of manslaughter and slapped him with a 99-year jail sentence.

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