BRICKLAYER JAILED FOR ASSAULTING WIFE’S LOVER

Written by on August 30, 2019

ENOCK KADEMAUNGA writes

@SunZambian                            

A BUILDER of Lusaka’s Mtendere Township has been sentenced to six months imprisonment, with hard labour, for assaulting a man he accused of having sex with his wife.

In this matter Peter Bwalya, 38, was charged with assault occasioning actual bodily harm, contrary to Section 248 of the Penal Code, Chapter 87 of the Laws of Zambia.

Allegations were that on August 16, 2019 in Lusaka, Bwalya assaulted Moses Mfula thereby occasioning him actual bodily harm.

And when he appeared before Lusaka Magistrate Nsunge Chanda, Bwalya pleaded guilty to the charge.

Facts before court were that, on the material day, around 16:00hours, Mfula left his home and went to the market to drink beer.

While at the market, Mfula met Bwalya who dragged him and asked for money for allegedly sleeping with his wife.

But Mfula denied knowing anything about the issue but Bwalya allegedly started punching and slapping him and he sustained a cut on the left eyebrow and a swollen eye.

Bwalya was only restrained by the passersby and the matter was reported to Kalikiliki Police Post.

Bwalya was consequently arrested and charged for the subject offence, and he admitted the offence under warn and caution.

In mitigation, the accused admitted his actions were wrong and requested the court for lenience

He told magistrate Nsunge Chanda that he has learnt a lesson during the time he spent in custody.

“My actions were wrong and I have learnt a lot at prison. I look after my wife and five children, I live everything in the hands of the court,” he pleaded.

At this point, magistrate Chanda asked if Bwalya’s wife was in court but a relative informed her that she could not come as she was unwell.

She advised him against going around beating people because she could send him to jail to suffer while his wife remarries.

“I wish your wife was in court because she is the causer of the problems. If your wife is being found with other men, it means she no longer wants you. You cannot go on fighting men everywhere you go, I will send you to jail and your wife will remarry,” she said.

Magistrate Chanda then sentenced him to six months imprisonment but suspended for 12 months.


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