Derrick Mwape Musonda was jointly charged with Watson Nsondo and were sentenced to death after being found guilty of shooting dead Peter Kleinshmidt at is farm house in Mkushi on August 2, 2008 but appealed to the Supreme Court against the sentence.
Musonda caused a stir in court as he gave a threatening stare to the Supreme Court Judges led by Deputy Chief Justice Florence Mumba and continued raising his hands while trying to speak even after the matter had been closed.
During the trial, the State called witnesses among them wife of the deceased, Elizabeth who testified that while they were in their house she heard a gunshot and when she went to check, she found her husband, lying in a pool of blood and that she had to hide behind the door for fear of being killed by the appellants.
The incident happened at Zikomo Farm in Mkushi and before the shooting incident, the security guard was tied to a tree and was only rescued by other farm workers.
Making her ruling, Ms Justice Mumba said she had considered the grounds of appeal and that the court was of the view that the State proved the case beyond any reasonable doubt.
She said the records before court were sufficient to uphold the sentence for the charge of murder and that the application lacked merit.
She therefore dismissed the appeal and upheld the death sentence by the lower court.
Earlier, the appellants applied through the Legal Aid lawyers that the court misdirected itself when it found them guilty and sentenced them to death.
Mukobeko escapee death sentence upheld
THE Supreme Court has upheld the death sentenced slapped on a Mkushi man who was among three others that escaped from Mukobeko Maximum Prison in February this year after breaking the cell door.