CHOMBA MUSIKA
Lusaka
THE widow accused of causing the death of her husband, whose skeleton was found in her house, has urged a judge to immediately set her free.
Sylvia Mutaba, 52, submits that she should be acquitted because from the evidence, her spouse’s cause of death is unknown and could not be scientifically established.
Mutaba argues that the manslaughter charge levelled against her had not been proved because at the time of the death of her husband, George Kalaba, she was not even in the room.
“We pray that the court finds that the case of manslaughter has not been proved beyond reasonable doubt against the accused person (Mutaba), and further that the court acquits her forthwith,” her lawyers from Legal Aid Board submit.
Mutaba is accused of causing the death of her husband after his skeleton was found in a bedroom last January, about two years after he died.
The victim had been sick for about six months and the court heard that the accused would prevent relatives and friends from seeing him.
Mutaba is accused of being negligent owing to alleged failure to take Mr Kalaba to the hospital to seek medical attention but instead only prayed for his healing.
According to the State, the alleged omission to take him to the hospital is said to have led to his death.
Mutaba denied the charge and after several witnesses testified against her, she was found with a case to answer and placed on her defence – in which she claimed innocence.
Lusaka High Court Judge Annie Malata-Ononuju is on February 16 scheduled to pass judgment in the case.
In their final submissions pending judgment, Mutaba’s lawyers, who want their client released, note that the case was born out of sad circumstances.
“The late George Kalaba was found dead and decomposed to the extent of a skeleton state and his death had not been reported to the State or disclosed to his relatives for a period of around two years.
“While the deceased was seen to have been unwell [or suffering from unestablished illness] between June 2023 and November 2023, the evidence before the court does not show beyond reasonable doubt what actually caused the death.
“In the absence of a showing on what actually caused the death, it follows that it cannot safely be concluded that the accused person by some act or omission caused the death.
“On this account, a conviction for manslaughter would not be safe,” the lawyers submit.
They add that Mr Kalaba’s cause of death remains unanswered because the pathologist’s post-mortem could not establish the cause of his death in the absence of soft tissue.
“The pathologist added… that he could not rule out death having been due to illness and also in admitting that he knew that consumption of illicit spirits known as kachasu could cause death.”
At trial, the court heard that the deceased used to drink local spirits – junta and lutuku…https://enews.daily-mail.co.zm/welcome/home
