MUBANGA NONDO – Ndola
THE Ndola High Court has sentenced a 47-year-old vagabond to 15 years imprisonment with hard labour for threatening to kill a woman of Kantanshi township in Mufulira after stealing her cellphone and about K1,000 cash.
Henry Mumba also attempted to rape Olipa Shitolo but he stopped after she told him that she was on her menses.
Ndola High Court judge Anessi Bobo on Wednesday sentence Mumba after the prosecution proved all the factors of the case against the accused.
And in handing the sentence, Ms Bobo observed that Shitolo described her ordeal with coherence even under heavy cross-examination and also talked about menses, a rare topic among women.
Mumba was charged with aggravated robbery, but he denied the charge.
“I have anxiously considered the evidence brought before court by the prosecution. I have also looked at the gravity of the offence which the accused is being charged with,” she said.
She granted Mumba leave to appeal to the Supreme Court if he was not satisfied with the sentence.
Particulars of the offence are that on March 6, this year, in Mufulira, Mumba allegedly stole K1,150 cash and a cellphone from Shitolo using violence.
In mitigation, defence counsel Jonas Zimba pleaded with the court to be lenient on his client as he is a father of six and is remorseful for his actions.
“My Lady, the accused has repented forthwith from his actions, hence we are pleading for a second chance at life from this honourable court,” Mr Zimba said.
Evidence before court is that the accused approached the complainant and pretended to be trading in goat meat and fish.
When Shitolo expressed interest in procuring the foodstuff, she and Mumba made their way to Murundu township where the merchandise was purported to be.
The court heard that when the two disembarked from a bus around16:45 hours, they walked for over 15 minutes and Shitolo got concerned.
“I asked him how far the place we were going was, he told me we were getting closer but at that point, he struck me on the cheek and I staggered.
“He then produced a knife and threatened to kill me if I was not going to surrender all the money I had and he demanded for sex. I told him I was on my menses and he told me to undress to prove that claim but he changed his mind and gave me a K12 for my transport back home,” she said.
In defence, Mumba denied being in Mufulira at the time of the incident, adding that he was in Mansa for business.