The First Grade Magistrate Court in Nkhata Bay District has ordered 40-year-old Lyman Salima Kamanga to spend next 10 years of his life behind bars for injuring his own 4-month-old baby girl by throwing the baby to the ground at Msumba in the district.
The state prosecutor Senior Superintendent Moja Phiri told the court that on November 14, 2022, Kamanga’s mother in-law personally saw him throwing the baby on the ground.
The court further heard that earlier before the incident, the man took the baby with him to a drinking joint where he stayed for few minutes.
The matter was reported to Nkhata Bay Police Station while the baby’s mother and grandmother proceeded to Nkhata Bay District Hospital where they were further referred to Mzuzu Central Hospital for further diagnosis where it was revealed that the baby’s both legs had fractured bones.
A day later, police arrested the suspect and charged him with acts intended to cause grievous harm.
Despite denying the charge in court during his first appearance, the evidence from three state witnesses including the medical report proved the matter beyond reasonable doubts. He was duly convicted.
In his submission, prosecutor Moja Phiri asked the court to consider the age of the victim being 4 months old. Phiri further said the way the convict acted on the baby indicated that he intentionally committed the offence.
Before asking the court to pass deterrent sentence against the convict, the prosecutor added that the father was supposed to protect his own biological baby the responsibility he failed to show.
In mitigation, Kamanga prayed for leniency saying his family depends on him.
When passing sentence on January 18, 2023, the First Grade Magistrate Ezekiel Kamtikana quashed the mitigating factors and concurred with the state.
Kamtikana said the convict’s action would have put the baby’s life in jeopardy. He therefore sentenced the convict to 10 years imprisonment with hard labour, effective from the date of his arrest.
Kamanga is from Msumba Village, Traditional Authority Mankhambira in Nkhata Bay District.
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