Edward Phiri v People (SCZ APPEAL No. 129 OF 1996) [1995] ZMSC 55 (15 October 1995)

.. IN THE SUPREME COURT OF ZAMSIA HOLDEN AT LUSAKA (Criminal Jurisdiction) 5q APPEAL No.,129 Of 199& t - EDWARD PHIRI ANO THE PEOPLE APPELLANT RESPONDENT Coram: 8Weupe9 D. C. J., Chaila and ftlJzyamba. JJS For the Appellant: For the Respondent: w .. Wangwor, Principal State Advocate In person 15th OCtober 1995 J U D G M E N T M.tzyaaba, J. S. delivered the judgment of the court. 'The appellant was convicted of murder Contrary to Section lOO of the Penal Code, Cap 146 of the Laws of Zambia and sentenced to death. The particulars of the offence were,that Edward Phlri and John Phiri Gomani on the 8th day of October 1994 at Ndola in the Ndola District of the Copperbelt Province of the Republic of Zambia jointly and whilst acting together did murder £DINAM PMIRI. Briefly the facts of the case were that on 8th October 1994 '. Hv?:1 ·.;he did not return a Investigations were conducted and later the appella,1t and the deceased went to a stream to draw water. search for her was mounted and on 10th October 1994 her body was discovered half naked. Gomani were apprehended and ct1arged with the subject offence. Under warn and caution tne appellant made a confession which was admitted at the trial without an obj~ction . On arrest the appellant again confessed and his reply was also admitted in evidence without an objection. appellant confessed to PW~1 and 2 who apprehended him. Ir1 addition, the In arguing the appeal the appellant said that he \fas induced Dy beatings to admit the offence and rested there. And supporting the conviction, the learned Principal State Advocate, Mr. Wangwor argued that the appellant made a clear confession and that the court was competent to convict him on his own confession. That it was now too late for the appellant to allege that his confession was involuntary. We have considered the evidence on record and the arguments by In admitting the the aµpellant and tl1e learned Principal State Advocate. offence the appellant said that he hit the deceased on the skull with an axe ha~dle because Gomani had promis!d to pay him K100_000 lf he killed J2/ ••• : J2 • • her. This was a clear confession and we are satisfied that it was made voluntarily bocause 1 f it 111as induced by beatings the appellant, w:10 was legally represented at the trial, would have raised an objection to its admissibil lty but did not do so. The court was tl1arefore competent to convict him on his own confession which was well proved. We therefore find no merit in the appeal. It is dismissed and we confirm ·the deatil seni:ence 1mpos~d by the court below • ••••••••••••••••••••• B. K. BWEUPE DEPUTY CHIEF JUSTICE •• •••••••••••••• ••• • M. S. CHAILA SUPREME COURT JUDGE ··········---········ 11. M. MUZYAMBA SUPREME COURT JUOGE