A 20 -year old chain smoker of Lusaka’s Zanimuone area has earned himself free accommodation in prison for 150 days for beating his fellow youth to a pulp for failing to show him love on valentine’s day, when he refused to buy him a cigarette.
Ian Yona was charged with assault occasioning actual bodily harm before the Lusaka Magistrates Court.
Yona on February 14, 2024 assaulted Clever Kalumba and occasioned him actual bodily harm.
Facts are that on the material date, Kalumba who trades at SOS market was cooking nshima outside his convenience store in the evening when Yona and his three other friends who were patronizing the market approached him demanding that he buys the cigarettes.
Kalumba told the four that he could not meet their needs as he had no money to buy each one of them a stick of Peter Stuyvesant.
Broke and frustrated for not being shown care on a day of love Yona and his friends threatened to kill Kalumba to which they gave him some blows and kicked his body.
The four told the victim that they would take him to the dumpsite where they kill people from and dispatch them to the land of the dead.
True to their word Yona and his friends dragged Kalumba to the dumpsite.
Kalumba was saved by a motorist who flashed lights at the violent youths. Upon inquiring why they were dragging their friend Yoni and his friends dropped him and scampered in different directions.
The victim was rushed to Matero level one hospital after which the incident was reported to the police.
Yona was later apprehended following an identification by Kalumba.
Magistrate Allan Kangwa convicted the 20 year old after the state proved the case beyond reasonable doubt.
In his mitigation Yona begged the court to exercise leniency in meting out punishment as was taking care of his two siblings and that his grand mother was not aware of his whereabouts.
In his judgement magistrate Kangwa noted that cases of assault have become so prevalent.
He said the facts before Court disclosed a dangerous manner in which Yona assaulted the complaint who had no obligation to buy him a cigarette and didn’t want to do so.
“Had it not been for the well wisher who saved him it could have been something else. You dragged him to the dumpsite where you said you kill people. The offense you committed attracts a sentence of five years. I will be failing in my duties if I don’t send a warning especially to your friends who are outside,” said magistrate Kangwa.
“I hereby sentence you to five months imprisonment with hard labor effective the date of arrest. Leave to appeal is granted within 14 days if you do not agree with the judgement.”
By Mwaka Ndawa
Kalemba April 13, 2024.
