The Mongu High Court has sentenced Sandra Nalukwi Kalaluka to be detained during the President’s pleasure for axing to death Monde Like and assaulting Machalo Kayongano in Nalolo district in Western Province.
This is in a matter in which Sandra Nalukwi Kalaluka, on 18th July 2018 was crossing a river carrying an axe and saw Monde Like who was also crossing the river whom she unexpectedly pounced on and axed her on her head.
The Juvenile state witness in the matter testified that the convict on the material day put her bag down and started axing the deceased until she fell down thereafter proceeded to axe the daughter of the deceased, Machalo Kayongano, on her thighs.
She told the court that all this happened as together with her friends they screamed for help upon seeing the horrible sight.
Upon responding to the screams, two villagers rushed to the scene and found that the victim had died but her daughter was still alive.
It was observed surprisingly, the convict retained to pick up her bag which she had left after which she fled the scene.
Later injured Machala was later rushed to the hospital while the deceased body was picked up by police and deposited at the mortuary.
Surprisingly, according to police sources at Moyo police post, the accused reported herself that she had killed two people and therefore was detained and charged with two cases of murder and attempted murder, respectively.
And the daughter of the accused testified earlier in court that when she saw her mother axing people she cautioned her mother but the accused said she was seeing creatures fighting her.
She further explained that when she alerted her that they were people, she went to report herself to the police.
A Medical examination by Dr Patrick Msoni showed that the convict had been suffering from seizures for the past 12 years but that she was fit to take plea and stand the court proceedings.
During trial, the accused was put on defence but she opted to be silent and called no witness.
In his ruling, High Court Judge Mwila Chitabo said it was established that the accused person suffers from epilepsy and that the accused was under a mental disorder during the time of offence.
He said according to the law, a person is not responsible for his/her action when a crime is done at a time a person was suffering from a mental illness.
Judge Chitabo said it was on these grounds that the court shall make a special finding to determine the person was not guilty as a result of the insanity.
The judge said this was clear the accused was mentally incapacitated through the medical report.
Judge Chitabo said he was satisfied that the accused was not in charge of her mental faculties to enable her form an intention.
The Judge thus found Sandra Nalukwi Kalaluka not guilty by reason of insanity but she will be detained under the President’s pleasure in accordance to CAP 167 of the criminal procedure court.