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Defiler Gets 40 Years After Appeal
MUBANGA NONDO, Ndola
A 30-YEAR-OLD defiler, who infected a minor with HIV, got a shock of his life when the Supreme Court increased his custodial sentence from 25 to 40 years after an unsuccessful appeal.
Morris Phiri who appealed against his sentence, arguing that it was harsh, got a stiffer custodial sentence when justices Elizabeth Muyovwe, Mumba Malila and Gregory Phiri considered aggravating circumstances in the matter.
The judges, sitting in Ndola on Tuesday, noted that Phiri, of Lilanda Lusaka, infected the nine-year-old with HIV and syphilis, hence his appeal lacked merit.
Evidence before court also indicated that during the assault, Phiri slapped the girl and threatened to kill her after she bit him in self-defence.
In his appeal, Phiri argued that the 25-year jail term imposed by the Lusaka High Court was too harsh and there was also an issue of mistaken identity.
Particulars of the offence are that Phiri on unknown dates in December 2012, in Lusaka, had unlawful carnal knowledge of a girl under the age of 16.
In delivering judgment, Judge Muyovwe noted that the 25-year jail term imposed on the convict was shocking as there were aggravating factors in the matter considering that Phiri had infected the victim with the HIV.
“The issue of mistaken identity does not arise as the appellant was a close neighbour of the victim’s parents. We have hence considered the evidence of the court below and the submissions by both defence and state counsel. Having found no merit in the grounds of appeal and heads of argument, we find that the 25-year jail term imposed on the appellant comes with an utter sense of shock as he defiled a nine-year-old girl from the neighbourhood, who he injured and infected her with HIV.
“We have hence increased the sentence from 25 to 40 years imprisonment with hard labour. This is with effect from the date you were arrested,” Justice Muyovwe said
Evidence before court was that on the material night, there was a power outage around 20.00 hours when Phiri offered the victim a candle to light.
The girl opened the door but tried to close it, however, Phiri forced his way in and defiled her.
Further, the court heard that medical examinations on the victim found that she had been infected with syphilis and HIV.
Posted by Kunda
on September 3, 2015. Filed under LATEST NEWS.
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jon banda
September 3, 2015 at 8:51 am
A big fool.
Harder Than The Rest
September 3, 2015 at 8:56 am
THE LAST DAYS…!!
Judge Joe Bidden
September 3, 2015 at 2:53 pm
…what do you really me. Last days of whatever people should rape kids? His action has nothing to do with the bible or Jesus, its just his foolishness. His action cant justify Jesus coming, actually there more crimes worse than this, Jesus is still doing other chores in heaven.
Ewa
September 3, 2015 at 10:10 am
Good lesson !! As long as its proven beyond any reasonable doubt, such idiots deserve long jail terms coz they are a danger to society.
YK MBILITU
September 3, 2015 at 10:11 am
Nice one
heavy dimbwi
September 3, 2015 at 11:00 am
They should have given him 78 years with hard labour.
kasantana
September 3, 2015 at 11:02 am
yabaaa, ati appeal we muntu walilufyanya
Mama
September 3, 2015 at 11:39 am
imagine!!
goodz
September 3, 2015 at 11:09 am
mwachilamo ukuchita abaiche mwe.you must learn a lesson. i wish the court will add more year becouse its too much of these cases being commited.
zingalume phulantenga
September 3, 2015 at 12:47 pm
40+ castration he deserves it .
Paul Phiri
September 3, 2015 at 1:39 pm
Its good like this, I am always deeply hurt whenever I hear a girl has been defiled or raped. Zambia police should also make a step further to bring to book any parent of a child who takes advantage and rape or defile just because that child’s parents are late.
Judge Joe Bidden
September 3, 2015 at 3:00 pm
Its a classic case of the old adage – “From the frying pan into the fire!” He was better off with 25yrs then his stupidity overpowered him, then he got a 40!
Lol
September 3, 2015 at 3:24 pm
Good for him Chikala chakwe he think he can get away with the law. All those people who are infected with these diseases should be telling their partners that they are sick otherwise you get caged.
towela mbindawina
September 3, 2015 at 3:58 pm
He should have been sentenced to death.. He killed the poor girl with the virus until she dies..
SUSUWE
September 3, 2015 at 5:13 pm
Mukakeni uyu machine-shall yakwe!!
tutu
September 3, 2015 at 6:24 pm
bamuchita bwino chikala chakwe!! aleya kuchilye nafyanta namanyame mumatako ati appeal!! wanya kolwe ukafwila muchifungo
New Educated Zambia©❤√
September 3, 2015 at 7:23 pm
meanwhile lungu released that general whatever who was also playing with an under age girl. So what does this say about your so called preisdent? One law for others and a different one for the pf cronies
mj banda
September 4, 2015 at 7:45 am
Have you got proof of her age?
New Educated Zambia©❤√
September 5, 2015 at 8:22 pm
what has that got to do with anything? Are you saying the courts where not competent enough to make a decision? Of course for the learned judges to find him guilty it was proved beyong reasonable doubt that the girl was underage. If they were wrong then again blame lungu coz he appoints the same judges.
jombo
September 3, 2015 at 8:25 pm
Defilement is legalised now by z president as long as u can sing and praise z president
samaki
September 3, 2015 at 10:01 pm
even kanene’s 18years was supporse to be increased by 12years after singing ulemu song……. he will find his children pamo abaiche ninshi nabapanga na families…
lucy
September 3, 2015 at 10:49 pm
Let the burgar rot in hell, big fool.
Narrow minded idiot
September 4, 2015 at 12:51 am
What do you expect under PF, he should have received a lesser sentence.
capitalist nigga
September 4, 2015 at 8:41 am
NEZ is right,why should Lungu thinks he should give favours to idiots in PF while others should pay.Thats why there is a lot of foolishness in PF at the moment!
IZE
September 4, 2015 at 9:47 pm
2015+40=2055.Ha! And When This Bagga Starts Purging His Aids Who Wik Pipa Him,pax For His Hospitalisation & Finally Lay Him To Torment?Govt Of Cse.Sm Times Instant Hanging Can Do.
wachabe
September 4, 2015 at 10:13 pm
he should ask for medical leave if oh sorry when he gets ill, Liato got one, the law should be equal to everyone…tefyo???.. aya fwila ko kunse…
yoyo
September 5, 2015 at 10:19 am
Nifyo fine muntu wandi law should be equal to everyone
tawanda mulayayi
September 5, 2015 at 7:48 pm
chimaneni 100yearssssss