IN A dramatic turn of events, the Chipata High Court on Tuesday sentenced the wrong person to 18 years’ imprisonment with hard labour for defiling a minor.
The convicted person, who was initially supposed to appear before the subordinate court for theft, was shocked after being handed an 18-year sentence in the High Court.
This was after the Zambia Correctional Service officers presented the wrong person before court for sentencing from the holding cell at the Chipata High Court.
Elias Phiri was wrongly presented for sentencing in one count of defilement in the High Court while he was supposed to appear in the magistrates’ court for theft of a motor vehicle.
The state advocate from the National Prosecution Authority, Patrick Nyambe, who issued an apology to Chipata High Court Judge Charles Kafunda attributed the mix up to similarity in names.
“We render an apology for bringing a different person. This is because there are too many people in cells and we had two different Elias Phiris. So, when the name was called out, the other Elias responded and that was how he was brought into court,” Mr Nyambe said.
The court accepted the apology but wondered how the defence counsel from the Legal Aid Board managed to get instructions for mitigation from their client, whom they didn’t know by facial appearance.
The court proceeded and sentenced the right Elias Phiri to 18 years’ imprisonment with hard labour for one count of defilement.
Meanwhile, the other Elias Phiri, who was wrongly sentenced, had his matter adjourned to June 20 in the subordinate court.
Zambia Daily Mail