A PEASANT farmer of Kalulushi accused of murdering his wife has walked to freedom after being acquitted by the Kitwe High Court.
This is in a case in which Jeteni Yotam, 36, was charged with murdering his wife, Elizabeth Mulubwa on December 31 last year.
Yotam denied the charge.
In her ruling delivered on Tuesday, High Court judge Chilombo Phiri said she had considered the evidence adduced by the state and found that there is no direct evidence connecting Yotam to the murder.
Mrs Justice Phiri said there is no evidence that Yotam battered Ms Mulubwa as no injuries were found on her body.
She, however, said the postmortem report showed that Ms Mulubwa died of intracranial hemorrhage with brain damage without fracture of the skull bone, which can be caused by excess alcohol use, smoking or use of illicit drugs.
Ms Justice Phiri said she took note that Ms Mulubwa had a drinking problem.
“I find that the state has not established a prima facie case against the accused and I accordingly dismiss the case and I acquit him,” Mrs Justice Phiri said.
Particulars of the offence are that Yotam on December 31 last year in Kalulushi, murdered Ms Mulubwa.
Evidence before the court is that on that day, Ms Mulubwa was drinking a local illicit gin known as kachasu with Yotam when he requested her to go home to prepare food for him.
The court heard that Ms Mulubwa refused to go home and continued drinking.
The court heard that the couple later went home after the drinking spree.
The court also heard that around 02:00 hours, Yotam went to his neighbours’ house to seek help when Ms Mulubwa started having difficulties to breathe.
The court heard that Yotam’s neighbour administered First Aid on Ms Mulubwa and also gave her some milk because she had been drinking on an empty stomach.
The court heard that Ms Mulubwa died while Yotam was taken to Kalulushi Police Station and charged with murder.
who
May 23, 2014 at 9:29 am
Amen
Judge
May 23, 2014 at 9:34 am
It was hunger that killed the lady,in fact she was luck to die at 02:00 because she was not strong 4 that kind of a drink
Pioneer
May 23, 2014 at 9:49 am
Kachasu ilepaya. The magnitude of happiness in the life of a person acquitted exceeds that of a newly wed couple.
Akabanda mateshi
May 23, 2014 at 9:57 am
Freedom at last..
eng
May 23, 2014 at 1:23 pm
why was he taken to the police in the first place?
No God No Master
May 23, 2014 at 6:20 pm
There are racists everywhere. People should not confuse a small amount of ignorant people with all the people of any country. BUT ISRAEL THE HOLYLAND FOR MANY AFRICAN CHRISTIANS IS A RACIST HELLHOLE.
Muzungu worshippers (african christians) must wake up and smell the coffee their holyland is of hate and intolerance against black people…
ISRAEL love homosexuals and prostitution is legal but being black in Israel is HELL
kakolwe
May 24, 2014 at 5:42 am
@No God No Master, where do you find the KKK, the Skinheads, Isolated tube coaches, etc. A black man is looked down upon the world over by small gangs. It does not envisage a norm. Even in bible times, deviants where there.