Court jails deaf-mute man for unlawful wounding

A-33-YEAR-OLD deaf-mute man has been sentenced to five months imprisonment for attacking a person who was stigmatising him.
The Livingstone Magistrates’ Court heard that the incident happened at a bar where Nyambe Simushi of F11 Kashitu compound had gone drinking when Given Mubiana started to laugh at his disability.

Nyambe faced a charge of unlawful wounding.

Facts of the matter were that on October 28, Nyambe wounded Mubiana by stabbing him with a broken bottle.

Evidence before magistrate Michael Mulalelo is that on the material date around 22:00 hours, Mubiana was drinking with his friends at Mwala bar in Zambezi Sawmills township when a woman informed him that someone was throwing stones and bottles on the pretext that someone was talking about Simushi and laughing at him.

When confronted, Simushi stabbed Mubiana on the forehead and shoulder.

Mubiana’s friends came to his rescue and managed to apprehend Simushi who they took to the Dambwa Central police Station while Mubiana was taken to hospital for treatment.

Simushi was charged and arrested for the subject offence which he admits.

In mitigation, Simushi said he was drunk and didn’t know what he was doing.

He said he is deeply sorry for having committed the offence.

Sentencing Simushi, magistrate Mulalelo said he considered the mitigation and would be lenient.

He however, said Simushi had no right to inflict injuries on another person.

Magistrate Mulalelo sentenced Simushi to six months imprisonment with hard labour, suspended for 24 months.

He further ordered Simushi to stay away from beer and bars for 24 months, adding that should he commit an offence, he would serve six months in prison.

Magistrate Mulalelo informed Simushi of his right to appeal to the High Court within 14 days.

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