Youth jailed for stoning a urinating passer-by

Written by on April 30, 2019


JOSSY CHAIMA writes

 A youth of Ndeke Township in Kitwe has been sentenced to 12 months imprisonment for stoning a man who was urinating outside his house.

In an attempt to stop a public nuisance, the angry youth did it the wrong way by unleashing a stone which knocked off two teeth from a passer-by, who was relieving himself in a wrong place altogether.

Jack Chibale 26 was before Principal Resident Magistrate Chongo Musonda who sentenced him to 12 months imprisonment with hard labour.

The magistrate however spared the young man the ordeal of losing his freedom and suspended the sentence for 24 months.

Chibale was also order to pay K2,000 before May 31 this year as compensation to Wamulema Momba for stoning him on the mouth, leaving him with two broken teeth.

On April 11, this year Chibale assaulted Mr Momba causing him actual bodily harm after hitting him with a stone which left a gap in the dental formation.

On the fateful day, the complainant was on his way home when he felt the urge to urinate and unzipped openly on a yard.

As he was urinating, he was hit on his mouth with a stone which broke two of his teeth and immediately abandoned his mission half-way through.

When he looked around, he saw Chibale trying to hide in the flowers and upon noticing that the complainant was bleeding, he ran away.

Mr Momba left and went to fetch his brother –in-law so that he could assist him apprehend the assailant.

They managed to apprehend Chibale and dragged him to Ndeke police post where officers charged him with assault causing actual bodily harm.

 In mitigation, Chibale said he had overreacted because Mr Momba was urinating just outside his house.

Chibale added that he felt offended to see a man of Mr Momba’s age urinating in a public place, thereby defeating efforts to maintain high standards of hygiene.

He unreservedly apologised for his overreaction and promised never to repeat his instant justice action.

The magistrate therefore sentenced him to 12 months imprisonment with hard labour, but suspended the punishment for 24 months and additionally imposed a K2,000 compensation.


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