by Sipilisiwe Ncube on 8 Dec 2019by Sipilisiwe Ncube on 6 Dec 2019by Mirriam Chabala on 6 Dec 2019by Natasha Sakala on 6 Dec 2019
by Stuart Lisulo on 5 Dec 2019by Natasha Sakala on 4 Dec 2019by Natasha Sakala on 28 Nov 2019by Natasha Sakala on 27 Nov 2019
by Zondiwe Mbewe on 7 Dec 2019by Zondiwe Mbewe on 6 Dec 2019by Zondiwe Mbewe on 6 Dec 2019by Zondiwe Mbewe on 6 Dec 2019
- Goal Diggers
by Abraham Kalito on 6 Dec 2019by Abraham Kalito on 5 Dec 2019by Abraham Kalito on 5 Dec 2019by Abraham Kalito on 26 Nov 2019
by Diggers Editor on 6 Dec 2019by Diggers Editor on 5 Dec 2019by Diggers Editor on 3 Dec 2019by Diggers Editor on 1 Dec 2019
- Guest Diggers
by Julius Kapembwa (PhD) on 5 Dec 2019by Rueben Lifuka on 4 Dec 2019by Sishuwa Sishuwa on 22 Nov 2019by Dr Chishimba Mubanga, MSc on 22 Nov 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Sampa Kabwela on 23 Nov 2019by Natasha Sakala on 8 Nov 2019by Felix Kashweka on 4 Oct 2019by Diggers Correspondent on 28 Sep 2019
I expected acquittal, says Mukata’s lawyerBy Joseph Mwenya in Kabwe on 24 May 2019
The Court of Appeal has upheld former Chilanga UPND member of parliament Keith Mukata’s death sentence saying the lower court rightly convicted him given the evidence it was presented with.
But his lawyer, Milner Katolo says the appellant expected an acquittal since the court had not established the type of firearm that killed the deceased.
On February 28 last year, High Court Judge Susan Wanjelani convicted and sentenced Mukata to death by hanging for murdering his security guard, Namakambwa Kalilakwenda, on May 6, 2017 at his law firm, AKM Legal Practitioners, in Lusaka’s Rhodes Park.
Mukata later appealed against his conviction and sentence asking the court to acquit him.
When the matter came up for judgement, Thursday, Court of Appeal Deputy President Chalwe Mchenga, sitting together with Justices Betty Majula and Sichinga, dismissed the appeal and upheld the death sentence slapped on Mukata in a 104-paged judgment.
Judge Mchenga said the court had looked at the sentence in light of the evidence that was before the trial judge and equally upheld the death sentence.
The learned Judge further ruled that the evidence before the trial judge did not disclose any extenuating circumstances to warrant the imposition of a sentence, other than the one the trial charge imposed.
“We uphold the appellant’s conviction on the charge of murder. We have also looked at the sentence, in the light of the evidence that was before the trial judge and we equally uphold the sentence. The evidence before the trial judge did not disclose any extenuating circumstances to warrant the imposition of a sentence other than the one that she imposed,” said judge Mchenga.
Mukata was being represented by Milner Joseph Katolo of Milner Legal Practitioners.
And in an interview after the appeal was thrown out, Katolo said he expected an acquittal as the court had until now not established the type of the firearm that killed the deceased.
Katolo said he would visit Mukobeko Maximum Security Facility in Kabwe and get instructions from his client on the way forward.
“We are going to read it (judgment), analyse it, we are currently going to prison to meet our client to obtain instructions on what happens next. I was hopeful of an acquittal because the important question still remains unanswered. Where the judge says the caliber of the gun that caused the death is unknown. Even here, they have not answered that question. It still remains unknown. Whereas Keith’s gun, the caliber was known. So if it was known, it should have connected to a known gun but now, it’s to an unknown gun. So what is that unknown gun? The question remains unanswered,” said Katolo.
In her judgment, Justice Wanjelani said she was convinced beyond reasonable doubt that Mukata’s guard died from gun shots which were discharged by him.
She had further said Mukata’s testimony that more cartridges were found outside the gate was false and based on hearsay evidence.Related Items
- Kapata to sue Diggers for publishing Mukula smuggling cartel (2,696 views)
- PF blames minister for Lupososhi loss, demands his resignation (2,500 views)
- Govt's attacks against Foote diplomatic gobbledegook - Mpombo (1,990 view)
- Trial continues in ritual killings case involving soldier, traditional healer (1,810 view)
- C5 police arrest 4 robbers who trailed Lusaka woman (1,745 view)
- Wina describes UPND’s Lupososhi ward election victory as ‘small fish’
- High Court orders Tutwa to pay Mwitwa damages for libel
- Govt’s attacks against Foote diplomatic gobbledegook – Mpombo
- When the ruling party owns the Constitution making process, citizens lose it – Mwenye
- There’s need to change use of encroached game parks to allow human development – Chitotela
- A bitter sweet message from the U.S Ambassador on gay crimes, hypocrisy
- Kapata to sue Diggers for publishing Mukula smuggling cartel
- I'll retain power in 2021 because I'm humble - Lungu
- PF blames minister for Lupososhi loss, demands his resignation
- Stop dividing us, stay out of politics, Lungu tells clergy
Subscribe For News In Email
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend