AFTER spending almost two years behind bars on accusations that she caused the death of her husband by allegedly pouring boiling water on him, a 50-year-old woman from the Copperbelt has walked free.
Iness Kunda was alleged to have poured boiling water on her 79-year-old husband, John Mumba’s, private parts after a quarrel over the share of money from the sale of a piece of land.
However, the court, in acquitting her, ruled that she could not have committed the act as the two were separated at the time and were not living in the same house.
When the matter came up in the Ndola High Court before Ms Justice Winnie Mwenda, Kunda was acquitted and set free.
According to court records, a narration by the accused’s stepson revealed that on February 1, 2023, he noticed that his father had burns on his private parts and thighs.
He explained that when the burns started developing sores overnight, the following morning, on February 2, he and his sister took their father to the hospital.
“Before we reached the hospital, my father opened up and told us that it was our mother who poured hot water on him,” he said.
He further told the court that after being hospitalized for a few months, his father passed away on April 23, 2023.
However, in her defence, Kunda, who was represented pro bono by Indeni Energy Company Limited’s in-house counsel, Kelvin Silwimba, instructed by the Legal Aid Board, denied the charge, stating that she and the deceased were separated at the time.
Passing judgment, Ms Justice Mwenda ruled, after considering the evidence, that Kunda was not responsible for her late husband’s injuries.
“All the prosecution witnesses testified that the deceased told them his wife poured hot water on him. I am convinced that such a statement was indeed made by the deceased. However, whether the statement was truthful is what must be determined,” she said.
She further noted that the witnesses’ testimonies were inconsistent, as the couple was not living together at the time, and subsequently dismissed the case.
Source: Mwebantu