Jailed Dogs Owner Released on Bail
By Dickson Jere
A man who was jailed for manslaughter after his five Labrador dogs killed a three year old girl has been released from prison on bail pending appeal after the High Court agreed that his case has likelihood of success on appeal.
The Judge noted that the case of criminal negligence of this nature were few in Zambia and very little interpretation exists and therefore it will be right to allow the Court of Appeal to look at the case again while the convict is on bail. Simply, this case is unique and novel that further interpretation by Court of Appeal.
The Court noted that while negligence is civil cases is well settled in Zambia, there is very little case law that deal with criminal negligence like presented in this case whereby five dogs attacked an innocent girl and killed her.
“To that extent, I agree that this appeal does present arguable grounds of appeal which may provide a prospect of success depending on how the Court of Appeal may interpret the application of the principles of negligence, duty of care, among others, in criminal matters of this nature,” the Judge said.
“I accordingly grant the Applicant bail pending appeal…” the Judge ruled and asked the convict to pay cash-bail of ZMK 10,000 and provide two working sureties.
The five dogs were left roaming inside the wall fence when they attacked a girl from the neighboring house who entered the yard to play with the kids of the maid. The High Court ruled that it was negligence to leave such dogs unsecured and therefore jailed the owner nine months imprisonment.
But the owner appealed against the conviction and arguing that he was not negligent and did not owe any duty of care to the child who entered his yard when he was away at the office.
During bail application, he argued that nine months was too short a period to remain in prison while his appeal is about to be heard because he may succeed but would have serve a substantial amount of time in prison.
Case citation – Chanda Bwalya v The People – HPBA/10/2026 and Ruling delivered yesterday.
Lecture notes;
1. In bail pending appeal, the Court conducts a two stage test. One, whether the appeal is likely to succeed by looking at the grounds of appeal whether they present an arguable case. And two, whether the convict would have served a substantial portion of the sentence by the time his appeal is heard. In this case, the Court agreed that the convict has presented an arguable case that is likely to succeed on appeal.
