19 Jul 2016 12:00pm
KATIMA MULILO, 19 JUL (NAMPA) A couple from the Zambezi Region has been acquitted of murder by the Katima Mulilo Regional Court.
They faced a charge of murder following the death of Simataa Orbin Simasiku in June 2012.
Candy Nankole Mutwamezi was discharged from the matter on Friday because there was no evidence linking her to the murder, while her husband, Evans Linus Ntema, who was the first accused in the matter, was acquitted on Monday.
Mutwamezi rushed to her husbands assistance to fight off Simasiku and his two accomplices, following an argument that broke out at the couples home.
During the fight, Ntema stabbed Simasiku in the stomach with a garden fork, making a hole in his bowel and multiple small holes in the intestine, which led to faeces leaking into his abdomen.
Magistrate Bongani Ndlovus judgement found that Ntema acted in self-defence after he was hit with a metal rod that left his arm broken in two places.
The fight was caused by Ntema demanding that Simasiku, who was under the influence of alcohol, erect a tent which he had pulled down and vandalised. Simasiku and his friends then started assaulting Ntema.
Information provided in court stated that when Ntema tried to run away from the trio, he lost his balance and fell, and Simasiku jumped on to him and continued to hit him.
Ntemas wife tried to separate the two men by hitting Simasiku, but failed to break up the fight.
Simasikus friends had by that time been watching from a distance, but ran off when Ntema managed to get hold of a garden fork that was within his reach, and stabbed Simasiku.
During the hearing, two State witnesses called by Prosecutor Jatiel Mudamburi were not reliable and consistent in giving evidence to prove that Ntema had a motive to kill Simasiku.
Ndlovu found that the attack on Ntema was vicious. It was also established that Ntema was provoked by Simasiku and his friends who outnumbered him during the attack.