Lusaka High Court Judge Sharpie-Phiri has sentenced a Lusaka man to death after finding him guilty of murdering his employer and later on stealing her motor vehicle, namely a Mercedes Benz.
And Davis Zulu, who was jointly charged with a juvenile for murdering Clara Suzuki Sichinga, High Court Judge Dominic Sichinga’s sister, has also been slapped with a 15-year jail sentence for aggravated robbery.
Meanwhile, the court adjourned to August 7, for the juvenile who had also been convicted as the report from Social Welfare Department was not yet ready.
Particulars of the offence in the first count are that on unknown dates but between April 12 and 14, 2016, in Lusaka, the accused persons jointly and whilst acting together with other persons unknown and whilst armed with knives did steal four pieces of a sofa set; a queen mattress; 20 litres of paint; two cookers; a Philips CD player; a bicycle; a fridge; a microwave oven; a heater; a coffee table, a pair of trousers and a Mercedes Benz car registration number ABR 5182, all valued at K150,850, the property of Sichinga; and at the time of stealing did use, or threaten to use, actual violence to the said Sichinga in order to obtain the property.
And in count two, the accused persons jointly and whilst acting together did murder Clara Sichinga.
Delivering judgement in the Lusaka High Court, June 8, Justice Sharpe-Phiri said the prosecution had proved the case of murder and aggravated robbery beyond all reasonable doubt.
“I find that the prosecution has proved the charge of murder contrary to section 200 of the laws of Zambia against both accused persons beyond reasonable doubt. I find that the prosecution has proved the case of aggravated robbery against the accused persons,” Justice Sharpe-Phiri said.
She said evidence had been led to show that the deceased was killed and that soon after, her personal household goods and motor vehicle were stolen from her house.
Justice Sharpe-Phiri ruled that the evidence also revealed that the convicts, who were together, caused the death of the deceased by stabbing her multiple times.
“The assessment of evidence and the manner the deceased was found dead reveals that there was malicious design to injure or intent to take her life. The deceased photos show the number of times she was stabbed on her body, neck and torso. Having been stabbed multiple times, the deliberate covering of her head in a plastic bag, which was tied with a tight knot to ensure that if she did not die of her wounds, she would certainly suffocate, shows a clear intention to actually kill the deceased. The court is satisfied in no uncertain terms that the deceased’s killers had a clear intention to cause her death,” said Justice Sharpe-Phiri.
“I accordingly convict Davies Zulu of the charge of aggravated robbery and I find Isaac Manda guilty of the offence of aggravated robbery. I accordingly find that the said Davies Zulu and Isaac Manda did murder Clara Sichinga. I accordingly convict Davies Zulu of the charge of murder and I find Isaac Manda guilty of the offence of murder. The accused persons are informed of their right of appeal.”