Ndola man gets death sentence for murder

The Ndola High Court has sentenced 29-year-old Noah Zulu to death by hanging for murder.

Zulu has also been sentenced to 15 years for each of the two counts of aggravated robbery he was facing.

It was alleged in the first count, that on July 26 last year, Noah Zulu of Kabushi whilst acting together with others unknown did murder Johns Geofrey.

In count two, it was alleged that Zulu jointly and whilst acting together with others unknown on July 26, last year while armed with knives and other weapons did steal a cell phone and K15 cash property altogether valued at K515 from Collins Chitambala and afterwards, did or threatened to use violence.

In the third count, it was alleged that on October 12, last year, Zulu jointly and whilst acting together with others unknown did steal a cell phone , K750 cash, a cap and wrist watch altogether valued at K3,900 property of Hassan Kainda and afterwards did use or threatened to use violence.

Ndola High Court Judge Derrick Mulenga, in his judgment, said the conduct of some people was frustrating strides being made to abolish the death sentence.

He said crimes of aggravated robbery in towns and townships had escalated with perpetrators forming groups that infringed on rights to freedom of movement of the citizenry.

According to records before court, in the first and second count, Chitambala and Geoffrey, the now deceased while in the company of another woman left a night club at 01:00 hours and went by the road side to get a taxi.

The court heard that while waiting for a taxi, three men dressed in black coats and covered in hoods carrying machetes approached them and asked what they were doing at that time.

The convicts, who among them was Zulu, then hit Geoffrey with an axe on the head and grabbed hold of Chitambala whom they searched and got items from while the woman they were with ran away.

It was heard that during the struggle, Chitambala managed to identify Zulu whose hood was removed and before running away, it was alleged that Zulu axed Geoffrey again on the side of the head and he died.

According to post mortem examination findings Geoffrey died of head injuries.
In the third count, it was alleged that on October 12, while Kainda was on his way home, he passed through Kabushi at his sister’s shop and found three men standing there and when he asked them what they were doing they, ran away.

He then proceeded on his way home and found five men jumping over a perimeter wall and among them was Zulu who he knew from childhood as they played football together.

When Kainda asked where they were going, they produced machetes and told him that they would kill him and then took his property.

In his defence, Zulu in the first and second count said he was not in town at the time as he had gone to the farm and in the third court, he alleged that he found Kainda being beaten and helped him.

In mitigation, he stated that he was married with a child and that he was a first offender.

However, in passing sentence, Justice Mulenga said that the prosecution had proved its case beyond all reasonable doubt in all counts and that the witnesses’ evidences were proved reliable.

“I have heard your mitigation, but I’m here to state in this case that it should be on record that I did not find extenuating circumstances of which should be mitigated. I should further state the conduct of the accused and that of others at large was bad as the conduct frustrates strides being made to abolish the death sentence,” he said.

He then sentenced him to death by hanging until pronounced dead for murder and 15 years each for both counts of aggravated robbery which would run concurrently.

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