Drunk witnesses sink prosecution

Three other witnesses, Selituwani Jere, Blessed Mwanza, and Temwachi Phiri, testified that before her death, Ms Banda identified the trio as her attackers.

She sustained severe injuries, bleeding from the nose and mouth, and died the following day.

The accused denied attacking the woman or attempting to rape Ms Nyirongo, maintaining they had returned to their respective houses on the night of October 1, 2025.

Delivering judgment, Mrs Justice Walubita confirmed that medical reports indicated the victim died from multiple blunt force injuries.

However, she noted that because most witnesses present had been drinking, providing an accurate account proved difficult.

She highlighted that hearsay evidence is generally inadmissible unless it meets specific exceptions, such as a dying declaration.

The adjudicator also observed that the victim’s brother escorted her home rather than to a hospital, and medical staff only treated her after a police report was obtained, failing to handle the case as an emergency.

“Life was lost as a result of being attacked and succumbing to injuries. The question remains whether the court is convinced beyond a reasonable doubt that the accused persons committed the murder,” Mrs Justice Walubita said.

Resolving lingering doubts in favour of the accused, she ruled that the prosecution had failed to prove the charge beyond reasonable doubt and acquitted all three under Section 200 of the Penal Code. https://enews.daily-mail.co.zm/welcome/home