Prosecutor jailed 1 month for ‘hule’ remark
Written by Millennium on August 10, 2019
ENOCK KADEMAUNGA writes
A PUBLIC prosecutor has been convicted and sentenced to one month simple imprisonment suspended for two month for insulting a fellow prosecutor.
This was in a matter in which Richard Nyeleti, 50, of Makeni villa, a prosecutor at the National Prosecution Authority (NPA) has been charged with one count of using insulting language contrary to Section 179 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of offence are that on September 17, 2018, Nyeleti used insulting language against Senior Public Prosecutor Chipo Gura by telling her that “iwe chi hule nina kuchinda (you prostitute I had sex with you)” in a manner likely to give provocation to her as to cause her to break the public peace or to commit any offence against him.
When the matter came up for judgment, Magistrate Nthandose Chabala found that Nyeleti’s insults had potential to provoke Ms Gura or cause her to break public peace or commit an offence against Nyeleti.
She said it was a fact that Nyeleti hurled insults at Gura saying he had sex with her and referred to her as a prostitute.
Ms Chabala said this evidence went unchallenged and she described his insults as unfortunate.
She said it was not in dispute that Nyeleti and Ms Gura had a relationship and later Nyeleti started using insulting language against her.
At this point Ms Chabala said the prosecution had proved its case beyond any reasonable doubt and found him guilty of the offence.
In mitigation, Nyeleti asked for the courts leniency as he was a breadwinner for his family and was looking after his elderly mother.
“I humbly ask this honorable court to exercise leniency, I am in employment and this matter has a bearing on my employment,” Nyeleti said.
Ms Chabala said she found the circumstances aggravating because he uttered words at a place of work and in full view of others.