Chinese national told to pay K1 million compensation to employee

The Dedza Senior Resident Magistrate’s Court has ordered a Chinese national, who kung-fu kicked a Malawian employee, to pay K1 million compensation to the employee.

Dedza police deputy Publicist Sergeant Cassim Manda said Ruan Dao Shai assaulted 35-year old Steven Tobias, a dumper operator at a construction company, on Friday, 18 June, 2021.

The court, through State Prosecutor Sub Inspector Washie Chilonda, heard that that Tobias accidentally broke a main stream water pipe, which didn’t please Shai.

Shai while wearing heavy safety boots kung-fu kicked Tobias on the head and face.

The prosecutor further told the court that the kick left Tobias’s face swollen and he was nose-bleeding and had a severe headache.

Chilonda added that the victim was assaulted over an issue that could have been easily solved and that the accused’s conduct had soured the labour relationship.

The prosecutor then asked the court to pass a stiff penalty to serve as deterrence to employers.

Shai who was presented by lawyer Foster Ndolo pleaded guilty to voluntarily causing hurt, an offence under Section 253 of the Penal code.

Counsel Ndolo requested the court to be lenient when passing its sentence, saying that accused was so co-operative and also remorseful to the complainant.

But Senior Resident Magistrate Clemence Chamwenda concurred with state prosecutor, saying that Shai should be punished as a deterrent measure for others to take a lesson.

Chamwenda sentenced him to 8 months imprisonment with hard labour with the condition of suspending operation of the sentence if convict compensate the victim with a sum of K 1 million.

Shai, 53, who comes from Auhui Province in China, has since paid the fine.

The victim hails from Zuze village in the area of Traditional Authority Kaphuka in Dedza district.