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High court cages Kabwe man, 36, for manslaughter

THE Kabwe High Court has slapped a six-year jail sentence with hard labour on a 36-year-old man for causing the death of his grandfather after a drinking spree.
High Court judge-in-charge Mwiinde Siavwapa last Thursday jailed Sydney Mulangu for causing the death of Dully Miyanda but acquitted his co-accused Michael Masiwa, 26, and Musa Masiwa, 23.
Mulangu on December 27, 2011 in Kabwe, caused the death of  Mr Miyanda.
Mulangu was initially charged with murder but the court found him guilty of manslaughter.
The court heard that Mulangu had an argument with Mr Miyanda after a drinking spree which led to a fight.
The court heard that Mulangu beat up Mr Miyanda and he died.
Mr Justice Siavwapa said in his judgment that there is sufficient evidence that Mulangu was found stained with blood at the scene of the crime and he admitted having an argument with Mr Miyanda
“The prosecution has, however, failed to prove a case against the other two accused persons that they were involved in a fight that led to Mr Miyanda’s death and I, therefore, acquit them,” Mr Justice Siavwapa said.
He found Mulangu guilty of manslaughter.
“There is no dispute that you fought with the deceased and he died,” Mr Justice Siavwapa said.
He, however, said there was no evidence that an object was used to inflict injuries on Mr Miyanda.
“I, therefore, acquit him of murder and find him guilty of manslaughter and convict him accordingly,” Mr Justice Siavwapa said.
In mitigation through legal aid counsel Humphrey Mweemba, Mulangu said he is remorseful for causing his grandfather’s death.
Mr Mweemba said Mulangu is a first offender and is a man with responsibilities.
“He has been in custody from December 27, 2011 the day he was arrested and has spent this time to reflect on his actions,” Mr Mweemba said.
Passing the sentence, Mr Justice Siavwapa said he had considered the fact that Mulangu is a first offender who is entitled to leniency.
“I have considered your mitigation but the offence you committed is very serious and I sentence you to six years imprisonment,” Mr Justice Siavwapa said.