Salad Killian Mwiika, a 52-year-old farmer from Monze,...
Salad Killian Mwiika, a 52-year-old farmer from Monze, Zambia, walked to freedom after the Supreme Court quashed the death sentence handed to him by the Livingstone High Court after finding him guilty of three counts of murder
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Salad Killian Mwiika, a 52-year-old farmer from Monze, Zambia, walked to freedom after the Supreme Court quashed the death sentence handed to him by the Livingstone High Court after finding him guilty of three counts of murder.
In count one, it was alleged that Mwiika together with three others between January 11 and 14, 1997, jointly murdered his cousin Douglas Milambo aged 34-years. In the second count, it was alleged that Mwiika with three others between the same period murdered his 10-year-old nephew Dalla Milambo.
In the last count, Mwiika again in the company with three others allegedly murdered Precious Milambo, his niece aged 12 years. Douglas Milambo was the father of Dalla and Precious.
"We take into account that three people died in a terrible circumstance. But we find it unsafe to say that the appellant killed the deceased," Chief Justice Enerst Sakala said, adding that there was no direct or circumstantial evidence leading Mwiika to the murder of the trio.
Deputy Director of Legal Aid, Eddie Sikazwe, representing Mwiika, had earlier submitted that the trial judge erred in relying on a witch doctor's evidence since it was not corroborated by the witness present. Mr Sikazwe further argued that the trial judge erred by relying on the evidence of Mwiika's mother who had testified that she heard her son confess to the police about the murder.
He said Mwiika's confession was as a result of torture upon which the trial judge disallowed the statement recorded at the police station.
In count one, it was alleged that Mwiika together with three others between January 11 and 14, 1997, jointly murdered his cousin Douglas Milambo aged 34-years. In the second count, it was alleged that Mwiika with three others between the same period murdered his 10-year-old nephew Dalla Milambo.
In the last count, Mwiika again in the company with three others allegedly murdered Precious Milambo, his niece aged 12 years. Douglas Milambo was the father of Dalla and Precious.
"We take into account that three people died in a terrible circumstance. But we find it unsafe to say that the appellant killed the deceased," Chief Justice Enerst Sakala said, adding that there was no direct or circumstantial evidence leading Mwiika to the murder of the trio.
Deputy Director of Legal Aid, Eddie Sikazwe, representing Mwiika, had earlier submitted that the trial judge erred in relying on a witch doctor's evidence since it was not corroborated by the witness present. Mr Sikazwe further argued that the trial judge erred by relying on the evidence of Mwiika's mother who had testified that she heard her son confess to the police about the murder.
He said Mwiika's confession was as a result of torture upon which the trial judge disallowed the statement recorded at the police station.
— SOURCES
- (Sources: All Africa, 08/09/2004)
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