Chipata Woman Jailed 12 Years for Manslaughter After Killing Her Two Children

 




CHIPATA - A 29-year-old woman of Chipata District who strangled her two children and dumped their bodies in a bush has been sentenced to 12 years' imprisonment for manslaughter after the High Court found that she suffered a mental health relapse at the time of the offence.

Melisela Banda of Mutonya Village was initially charged with two counts of murder but was convicted of the lesser offence of manslaughter after medical evidence established that she was suffering from postictal psychosis, a condition associated with epilepsy.

She appeared before Chipata High Court Judge Charles Kafunda, who accepted the defence of diminished responsibility.

The incident occurred on November 23, 2023, in Katete District.

Before the trial commenced, the defence successfully applied for a psychiatric evaluation. Medical experts confirmed that Banda had suffered from postictal psychosis during the incident but was later declared fit to stand trial.

During the trial, Banda's mother, Beatrice Banda, testified that her daughter had divorced earlier that year and had threatened to return her two children, aged four and eight, to their father because she was struggling to support them financially.

She told the court that the children later disappeared with their mother before their bodies were discovered in a nearby bush.

Village Headman Mutonya also testified that Banda reported herself to him shortly after the incident and led him to the scene where the bodies of Charles and Salim Phiri were found.

The headman told the court that Banda arrived at his home around 01:00 hours, asked him to accompany her and confessed to killing her children.

In delivering judgment, Justice Kafunda ruled that the defence had successfully proved Banda's mental condition had substantially impaired her responsibility at the time of the killings.

"I find that the defence of diminished responsibility has been proved in relation to both counts. I therefore find the accused person not guilty of murder and convict her of the lesser offence of manslaughter," Justice Kafunda ruled.

The court sentenced Banda to 12 years' simple imprisonment, effective from the date of her arrest.

Source: Zambia Daily Mail

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