By Agness Changala
A-38-year old traditional healer in Chipata has been sentenced to 9 years imprisonment with hard labour for stealing 11 cattle valued at K39, 000.
The court observed that cases of stock theft are on the increase and the
number of animals involved in his case has earned him a 9 year jail term.
In this case, Dennis Phiri was charged with stock theft contrary to the laws of Zambia.
It was alleged that between October 12, 2023 and October 13, 2023 in Chipata, Phiri stole 11 cattle valued at K 39, 000, the property of Peter Ng’wane.
The now convict, appeared before senior Magistrate Felix Kaoma where he earlier denied committing the offence.
However, after trial commenced, the accused u-turned and admitted to the charge.
Phiri informed magistrate Kaoma that he stole the animals from Munukwa fields and his intention was to sell them.
He said the owner of the animals did not allow him to get the animals and offer them for sale.
The convict further said the owner did not give him permission and he did not owe him anything for him to sell his animals.
Phiri said he also had no lawful justification for what he did.
Upon his own admission of guilt and to the facts, magistrate Kaoma found Phiri guilty as charged.
“Upon your own admission of guilt, I hereby find him guilty of the offence of stock theft contrary to the laws and I convict you accordingly,” Magistrate Kaoma told Phiri.
In mitigation, Phiri told the court that he was a married man with two children and pleaded with the court to exercise lenience.
Passing sentence, magistrate Kaoma said he had considered his mitigation and understood the fact that he was a first offender, who pleaded guilty to the charge and did not waste much of his time.
“You deserve some leniency but however, I have also considered the prevalence of such cases and the number of animals stolen in this case and the public outcry for inhuman behavior of stock theft. I have found these to be agitating factors and as such, I have decided to sentence the convict to 9 years Imprisonment with Hard Labour with effect from the date of arrest,” Order magistrate Kaoma.
According to evidence before court, on an unknown date but between October, 12, 2023 and October 13, 2023, the owner of the animals released 11 heads of cattle to go and graze and left them to graze freely near his home.
The convict went to the grazing area and took away the 11 heads of cattle to Chipata abattoir.
In the evening when the complainant went to the area where he had left animals, he did not find them.
Ng’wane reported the matter to the police who immediately instituted investigations.
The police informed the abattoir personnel about the development and on October 15, 2023, he managed to sell the animals at K26, 000.
The complaint went to the abattoir to check and identify his animals and engaged a police officer Sakala who told him that 11 animals were sold to the abattoir by the accused.
The accused person was later arrested and charged with the offence of theft of 11 cattle.
The 11 heads of cattle were disposed of by waste management.
