SKELETON CASE WIDOW SHOULD BE FOUND GUILTY – STATE
THE widow accused of causing the death of her husband, whose skeleton was found in the house, should be found guilty of manslaughter because she neglected to take him to the hospital, the State has said.
The State has urged Lusaka High Court Judge Anne Malata-Ononuju to convict Sylvia Mutaba of the offence because the prosecution proved the case against the accused beyond reasonable doubt.
Mutaba, 52, is accused of causing the death of her husband, George Kalaba, whose skeleton was found in the house a year after he earlier fell sick and died.
Mr Kalaba fell ill between August and October 2023, before he died in the house on November 21, 2023, with his wife admitting not having taken him to the hospital.
It was established that since 2023, friends and relatives were prevented from seeing Mr Kalaba, who was being prayed for at home.
In making final submissions pending delivery of judgment in February next year, the prosecution team submits that Ms Mutaba should be found guilty of the charge for omitting the duty of care to her husband.
“She omitted to discharge that duty through gross negligence; her omission caused the death of the deceased.
“We, therefore, pray that this honourable court finds the accused guilty of manslaughter contrary to section 199 of the Penal Code,” the State submits.
After being found with a case to answer, Mutaba, who has legal representation, denied the claims, maintaining innocence.
But the prosecution submits that evidence against her is overwhelming.
At trial, a juvenile witness, who was Ms Mutaba’s neighbour, had testified that Mr Kalaba was visibly unwell in 2023, and was later confined in the house.
Despite repeated visits by friends and relatives at her house, Ms Mutaba persistently refused them to enter and barred them from seeing Mr Kalaba.
The defence team is also scheduled to file final submissions.
Zambia Daily Mail