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SUPREME Court judge Elizabeth Muyovwe has upheld the death sentence slapped on a Nchelenge man who killed his brother and attempted to murder his sister-in-law to protest the K30,00 he was given as transport money.
This is in a case in which Maybin Kamu Simwana has appealed against the death sentence slapped on him for murder and 10 years imprisonment with hard labour for attempted murder.
Justice Muyovwe further increased the 10 years sentenced slapped on him for attempting to murder his sister-in-law to 20 years imprisonment with hard labour.
Particulars of the offence are that the appellant, on February 28, 2008 did murder Joseph Kalongo and attempted to murder Kalongo’s wife Alice Mwansa, the charges he was convicted for.
During the trial, the State called seven witnesses, among them Ms Mwansa who testified that on the fateful night, the appellant was given food and K30,00 as transport to go back to his village.
He was not happy with the money given and later at night the appellant sneaked into their matrimonial bedroom where he attacked and killed her husband before turning on her.
The appellant maintained his innocence but the court found him guilty in both counts and sentenced him to death and slapped him with 10 years imprisonment.
Simwana appealed to the Supreme Court against the sentence and conviction.
But Justice Muyovwe said after looking at the facts, the court was of the view that the lower court was on firm ground when it convicted and sentenced the convict and upheld the death sentence and increased the second sentence to 20 years.
The court said it was clear the convict planned to kill his brother as he was not happy with the money he was given and that witnesses had no reason to frame him as he was a close member of the family and that mistaken identity did not arise.
