Trigger happy Chinese of Kitwe given suspended sentence but…

OS

By NCHIMUNYA MIYOBA
The Kitwe Magistrate Court has sentenced a Chinese national who shot his employee in Chimwemwe last year to nine months imprisonment suspended to 12 months on condition that accused does not commit a similar offense.

But the accused may face deportation if the Minister of Home Affairs rule that way.

Resident Magistrate Malota Phiri ordered the accused Gaoen Ming 42, to pay 15,000 penalty units converted to K4, 500 immediately in default 6 months simple imprisonment.

This is the matter in which Ming, a business man of parklands is charged with unlawful wounding contrary to the Laws of Zambia.

Allegations are that on September 21, 2018, Ming unlawfully wounded Roydah Mumba thereby occasioning her body harm.

When passing judgment Magistrate said he had no doubt that the accused was guilty of the offense namely failure to take precautions against injury or damage contrary to section 40 of the firearm Act Chapter 110 of the laws of Zambia.

Magistrate Mr Phiri said it is undisputed that the accused was negligent and missed a step of not re-caulking to remove the bullet when he initially caulked the gun and the bullet went into the chamber.

When Ming appeared for sentencing today Magistrate Mr Phiri said there was no intent on the part of the accused to cause harm and as such the court had taken into account that the accused compensated the complaint a total sum of K25, 000 and taken care of medical expenses.

He further ordered that the firearm be forfeited to the state and handed over to the Copperbelt Police Commissioner who will decide on within the Zambia Police service and the License be revoked.

“Pursuant to 5.37 of the penal code cap 87 of the laws of Zambia the public prosecution should forward the particulars of the conviction and sentence to the minister responsible for Home Affairs on or before January 9, 2019 in accordance with the provisions of the immigration and deportation Act to consider or determine the accused stay in the country,” he said.

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