By ANDREW PHIRI –
THE Livingstone High Court has discharged a 42-year-old woman of Choma who was charged with murder because the prosecution did not have sufficient evidence to continue with the case.
Fedina Chipako was discharged after the prosecution failed to prove that she murdered another woman in the same area.
Livingstone High Court judge-in-charge Gaudentia Salasini discharged Chipako yesterday.
This was after the prosecution applied to discontinue the case for lack of tangible evidence on which they could have continued with the prosecution.
“I hereby discharge the accused Chipako due to lack of tangible evidence as stated by the prosecution.
“However, if any such evidence can be found against you regarding this case, you can still be rearrested,” Ms Justice Salasini said.
Meanwhile, Ms Justice Salasini yesterday fined a 29-year-old man of Livingstone K5,000 for causing death by dangerous driving.
Facts before the court were that Fred Zulu on June 8, 2013 while driving an unregistered Toyota Land Cruiser on Kaunda Road failed to negotiate a corner and hit into a house where he caused the death of a person who was sleeping in the house.
Zulu, who was being represented by Martin Makinka from the Legal Aid Board, readily admitted the charge and was fined K5,000 to be paid in five days or in default three months imprisonment.
Mr Makinka said his client was a first offender who had shown remorse and helped the bereaved family during the funeral.
He said Zulu should be entitled to leniency, adding that a custodial sentence would not be good because he was a family man.
“Your mitigation through your counsel has been heard. However, you drove into the house where the deceased was sleeping which was carelessness on your part.
“I, therefore, fine you K5, 000 to be paid in five days or in default three months imprisonment,” Ms Justice Salasini said.
she said K4, 000 would go to the deceased’s family while K1, 000 would be paid to the State.
Zulu’s licence was suspended for six months.