— Chikumbi Farmer Magoye given 24 months simple imprisonment

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Chikumbi Farmer Magoye given 24 months simple imprisonment

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Lusaka, July 1,ZANIS——Viness Magoye, the farmer of Chikumbi area
who drove over and injured two men who trespassed in her farm has been
sentenced to 2 years simple imprisonment by the Lusaka Magistrate
Court.

Magoye’s farm worker whom she was jointly charged with for allegedly
tying the hands of the complainants when she drove over their legs has
also been sentenced to two years imprisonment with hard labour.

This is a matter in which Viness Magoye, 52 of Mwali Estate in
Chikumbi is jointly charged with Innocent Haakumbila, a farm worker
are charged with two counts intended to cause grievous bodily harm
contrary to the Laws of Zambia.

Magoye and her worker have been sentenced to two years imprisonment
each for assault occasioning actual bodily harm after their earlier
charge was reduced after it was established that the extent of the
injuries or the fractures on the complainants tend to heal and not of
permanent nature.

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In the count one it is alleged that Magoye and Innocent Haakumbila on
August 24, 2013 jointly whilst acting together with her persons
unknown did grievously harm James Gumbo.

And in the second count, it is alleged that Magoye and Innocent
Haakumbila on August 24, 2013 jointly whilst acting together with
other persons unknown did grievously harm Clever Muntanga.

It is alleged that Magoye found James Gumbo, 29, and Clever Mutangama,
31, subsistence farmers of the same area cutting trees on her farm and
ordered her workers to tie them with rubber bands before she drove
over their legs using a Mitsubishi canter truck as a way of punishing
them for disrespecting her by trespassing on her farm where they were
found cutting trees.

The magistrate acquitted Magoye’s co-accused in the first count
because the complainant in the matter James Gumbo failed to identify
him as one of the workers who were instructed by Magoye to tie up
their hands before she drove over their legs.

In mitigation, Magoye and Haakumbila through their lawyer pleaded with
the court to exercise maximum leniency as they were first offenders
who were entitled to leniency and that the court should also consider
to fine them or giving them a suspended sentence given the nature of
the charge.

And in passing sentence, Magistrate Obbister Musukwa said he
considered the mitigation factors but considering the circumstances
under which the offense was committed was barbaric hence would give
them a custodial sentence to deter other would be offenders.

He said her act was unacceptable for her to take the law into her own
hands instead of reporting them to police for trespassing and cutting
firewood on her farm.

Magistrate Musukwa said her defense that she was trying to protect her
property at the farm cannot stand adding that her argument that she
did not run over them with a vehicle but beat them with a stick was
not true because a stick could not have led them to sustain fractures.

He therefore found Magoye guilty on both counts and sentenced her to 2
years simple imprisonment on each count which would run concurrently
while her co-accused was acquitted in the first count and sentenced to
two years imprisonment with hard labour in the second count.

And speaking to journalists after the judgment, one of the
complainants James Gumbo said he was happy with the outcome of the
judgment saying their health has never been the same since last year
as they are still limping and were unable to carry out farm activities
because they were still in pain.

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