Court News

Court abates dead convict’s defilement case

THE Supreme Court has abated an appeal of a deceased convict who was challenging a conviction of defilement and a 40-year jail sentence imposed on him.
Supreme Court judge Gregory Phiri, who sat with judges Elizabeth Muyovwe and Mumba Malila in Kabwe yesterday, said since Oswald Mocha is dead, the court could not continue with his case.
Deputy state advocate Nkumbiza Mumba informed the court that Mocha could appear in court because he is deceased.
Mocha was convicted of defilement by the Kitwe High Court on March 15, 2013 and he was sentenced to 40 years imprisonment with hard labour.
He, however, appealed the conviction and sentence.
Earlier, Ms Mumba informed the court that the State was in receipt of a report from the prison authorities that Mocha had died.
Ms Mumba said Mocha died on July 3, 2014.
“The appellant in this matter is deceased. We have been availed with the BID (brought-in-dead) certificate from Kabwe General Hospital,” Ms Mumba said.
Ms Justice Phiri said: “We have seen the certificate and we are satisfied that he is deceased. This appeal shall abate.”

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