Monze female farmer jailed 2 yrs for grievous assault

A 53-year-old farmer of Monze in Southern Province who drove her Mitsubishi canter over the legs of two people as punishment for trespassing on her farm was yesterday jailed two years by a Lusaka magistrates Court.

Viness  Magoye, 53,and her  worker Innocent Haakumbila were sent to jail by Lusaka Magistrate Obster Musukwa after they were found guilty  on two counts of assault and causing grievous harm to James Gumbo and Clever Muntagama  on August 27, 2013.

Magoye who was charged with two counts of assault and causing grievous harm was sentenced to two years simple imprisonment on each count which will run concurrently.

Haakumbila was acquitted on count one because the two victims  failed to identify him but he was convicted on count two and jailed for two years with hard labour.

In his ruling Magistrate Musukwa said, the State had proven the case beyond reasonable doubt that the duo was guilty of the offence and that they acted unlawfully.

He said the issue of self defence should not be entertained because if Magoye and her general worker (Haakumbila) were aggrieved with the trespassers, they could have taken them to police instead of taking the law in their hands by acting in the manner they did.

Magistrate Musukwa said he was satisfied with the two medical reports that were presented before court as evidence but decided to reduce the charge to assault because the injuries which were caused on the victims were not permanent.

He added that he had doubts that the two victims (Gumbo and Muntagama) were punished using sticks as alleged by Mrs Magoye.

This is a matter in which Magoye of Mwali Estate Chikumbi area was jointly charged with Haakumbila on two counts of assault causing grievous bodily harm.

Facts before court were that Magoye on August 27, 2013 found James Gumbo and Clever Muntagama who are subsistence farmers picking tomato stakes in her farm and ordered her workers to tie them with rubber bands before she drove over them with a Mitsubishi Canter Truck.

It was further established that Magoye drove over the legs of Gumbo and Muntagama as a way of punishing them for trespassing on her farm where they were found collecting tomato stakes.

But the two denied having caused grievous harm on Gumbo and Muntagama.