JUDGE Ernest Mukulwamutiyo has found Lizuma ward UPND councillor and Livingstone former mayor Aggrey Mulako Njekwa guilty of manslaughter.
Appearing before judge Mukulwamutiyo in the Livingstone High Court yesterday, Njekwa, 50 was charged with one count of murdering his 83-year-old neighbour Herbert Mulonda in September last year contrary to the Laws of Zambia.
However, judge Mukulwamutiyo reserved sentencing today after his lawyers, Philip Mukuka of KBF partners and John Kapepe of MAK partners, indicated in mitigation that Njekwa, being a first offender who was not initially charged with manslaughter, was privileged to a fine or a suspended sentence under the provisions of Section 6 Subsection 4 of the Penal Code of the Laws of Zambia.
Judge Mukulwamutiyo said he had considered all the arguments raised by the defence and the state and that Njekwa had acted to the provocation by Mulonda who was found in his [Njekwa’s] yard at an awkward hour which led him [Njekwa] to lose self-control.
He said the state had failed to prove the case of murder and found Njekwa guilty of manslaughter.
“He was not charged with the case of murder and under the provisions of the law, I convict the accused with manslaughter,” judge Mukulwamutiyo said.
In mitigation, Mukuka said Njekwa was a married man with nine children and a civic leader who had dedicated 10 years of his life to serving the people of Livingstone in different capacities.
“From the time of his arrest, he has shown remorse…and for all intents and purposes, he has kept himself away from crime. I wish to draw your attention to Section 6 Subsection 4 of the Penal Code which states that: ‘a person convicted of manslaughter or any misdemeanour may be sentenced to pay a fine in addition to or suspended sentence’,” Mukuka said.
Judge Mukulwamutiyo said considering the points raised by the defence in mitigation, which included a reference to the Kambarange Kaunda Vs the People murder case, he was adjourning his sentencing to September 25.
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