Court News

Supreme Court reserves ruling

THE Supreme Court has reserved its judgement in a case where a Somalian national had appealed against a conviction of murder and death sentence.
Omar Mohamed Hashi, 30, of house number 1 Catchpole Flats, Kopa Road in Northrise, Ndola, was on February 16, 2015 convicted of murder contrary to section 200(1) Chapter 87 by the Lusaka High Court and was sentenced to death.
On December13, 2012, Hashi, whose death sentence has been commuted to life sentence, killed Holland Kabaso, his cook, who was demanding his salary arrears.
The matter came on Tuesday in Kabwe before Supreme Court judge Gregory Phiri, who sat with justices Elizabeth Muyovwe and Mumba Malila.
After the appellant and respondent presented their arguments for and against the conviction and sentence, Mr Justice Phiri said judgement had been reserved to a date to be announced.
Acting director of public prosecution Shawa Siyunyi told the court that the prosecution proved its case beyond reasonable doubt that Hashi shot Kabaso dead when he demanded for his two months salary arrears. .
Ms Siyunyi also said that the trialing court was on firm ground when it convicted Hashi for murder and sentenced him to death based on the evidence that was submitted in court by the prosecution.
She said there was no deliration of duty on the part of the police when they were investigating the matter and also on the part of the prosecution during trial.
“We submit that the prosecution proved its case beyond reasonable doubt and the conviction of murder should be upheld. We reiterate that the prosecution did prove this case beyond reasonable doubt,” Ms Siyunyi said.
And lawyer for the convict, Mark Haimba Sinkamba, however, contended that the trialing court erred when it convicted Hashi of murder and sentenced him to death.
Mr Sinkamba contended that this is because the prosecution failed to prove a case against Hashi.
“The only thing proved beyond reasonable doubt is that there was a case of homicide…the prosecution failed to prove the case beyond reasonable doubt and we urge this honourable court to set aside this conviction,” he argued.

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