Mukata’s former wife fined K5,000 for assaulting guard
By Mwaka Ndawa
FORMER UPND Chilanga member of parliament Keith Mukata’s ex-wife Maricho Hoare has been fined K5,000 by the Lusaka Magistrates’ Court for assaulting a security guard.
Jittery about spending six months in jail, in default of payment before the close of business as directed by magistrate Stanford Ngobola, Maricho has since paid the amount to court.
Maricho, 40, a businesswoman of Lusaka West, was facing a charge of assault occasioning actual bodily harm.
The convict on October 6, 2021 occasioned actual bodily harm on Oliver Mulalilo of Pre-Secure security firm who was manning her yard, by slapping him in the face and hitting his head against the wall after he refused to open the gate for her.
In his judgment, magistrate Ngobola said he believed the evidence of Mulalilo that his boss slapped him twice and then hit his head against the wall during an altercation.
He said the pain inflicted on the victim’s head was corroborated with the medical report that sustained injuries on the forehead and the same evidence was not challenged.
“It is clear from the evidence on record that no other witness apart from the complainant saw the accused assault the complainant. Where a case against an accused person rests entirely on the evidence of the complainant, it is always competent to convict on the evidence of the single witness if that evidence is clear and satisfactory in every respect,” magistrate Ngobola said. “I am convinced beyond any doubt that Mulalilo was a credible witness whose evidence remained unshaken, further, the accused was properly identified. I therefore rule out the possibility of mistaken identity. A medical report showed that the findings of the medical practitioner upon examining the complainant were that the complainant sustained swollen head. In my view, these injuries can be categorised as harm.”
Magistrate Ngobola said Maricho’s defence was unconvincing as it was mere denial.
“On the totality of the evidence on record, I find that the prosecution proved the case beyond reasonable doubt that the accused is guilty of the offence of assault occasioning actual bodily harm and I convict her accordingly,” said Magistrate Ngobola.
During mitigation, Maricho’s lawyer Petronella Kafumbe said her client deserved leniency as the offence is a misdemeanour which attracts a fine.
“She is a mother of four, the youngest is three years. This is a woman who has been through a lot. She has been tormented considering that the same period she had to deal with trauma and appearing in other court cases. It is our prayer that you consider a fine as opposed to a custodial sentence,” pleaded Kafumbe.
Handing down his sentence, magistrate Ngobola said though Maricho was a first offender entitled to leniency the offence she had been convicted for, though a misdemeanour, attracted a penalty of imprisonment of up to five years.
“I cannot let the accused scot free and go unpunished. However, being a first offender, I shall be lenient with the accused. I therefore sentence the accused to a fine of K5,000, in default, six months simple imprisonment. You are informed of the right of appeal within 14 days. Sentencing takes effect today,” said magistrate Ngobola.