By NCHIMUNYA MIYOBA
The Kitwe high court has acquitted Peggy Meleka and her sister Emily Ngosa Meleka for the murder of Chingola business Executive Mervin Kaufman who had his penis cut off in unclear circumstances.
Mr Kaufman the proprietor of Kauftech, Kaufman Ltd and Cartek body & Spray is alleged to have been murdered by his Zambian wife Peggy Meleka Kaufman and her sister Emily on November 24, 2012.
It is alleged that a Peggy Meleka and Emily jointly and whilst acting together did murder Kaufman on dates unknown in Chingola
The case which the prosecution had called 21 witnesses to support evidence before the court had public interest as it was alleged that the wife Peggy had brutally murdered the husband and cut off his penis.
In passing ruling Kitwe High Court Judge in charge Timothy Katanekwa said evidence before Court suggest that they must have been some bad blood between the first accused person who is the wife and the deceased due to the deceased having had a child with another woman outside wedlock.
Judge Katanekwa further said that the evidence from Nchanga South Hospital staff indicated that on admission Mr Kaufman did not have injuries as revealed by the post mortem examination results.
“The death certificate from the hospital indicated that Mr Kaufman died due to acute pneumonia.
“The question is when did the deceased suffer those injuries? If the injuries were not there at the time of the admission then in my view it cannot be said that they were caused by the two accused persons but surfaced at the time of a post-mortem examination when he had been under the care of the hospital who should have with reasonable care noticed any injuries if any,” he said
He said that the reasonable tribunal could not convict the two accused persons with the offence of murder as they evidence suggest that they could be others who could have caused the injuries to the deceased while in hospital.
“I find that the two accused persons do not have a case to answer and I acquit them. Both parties should be informed of their rights,” he concluded.