Provocation no defence in assault-Court

The Lusaka Magistrate’s Court has convicted a man after dismissing his defence that he beat up his girlfriend because he was provoked.

Resident Magistrate Humphrey said this in a case in which Gift Malobola of Lusaka’s Chelstone admitted assaulting his girlfriend thereby occasioning her actual bodily harm contrary to the laws of Zambia.

Facts before the court were that on July 7, 2014 around 15:00 hours, Malobola who has a child with Kasapula Chitalu went to pick the infant and promised to take her back on a Monday.

Kasapula objected to the  arrangement but Malobola persisted and took away the child.

kasapula and Malobola  although have a child together are not married.

Little did Kasapula know that Malobola wanted to take the child to Kabwe for unknown reasons.

On the material day, Kasapula went to Chelsone at around 16 hours to fetch her child but did not find the infant.

When Kasapula inquired about the whereabouts of the child, she did not receive satisfactory answers.

Kasapula instead received slaps and fists which resulted in her falling to the ground.

She tried to call Malobola’s mother to find out the whereabouts of the child but received no assistance.

The following day Kasapula reported the matter to Chelstone Police station where she was issued with a medical report.

Malobola said he understood the charge and he admitted beating up Kasapula. He however   said that he never used fists but only slapped her in the face.

Malobola said Kasapula came to his house in a provocative manner and forced herself inside the house.

He explained that he decided to reconcile with his first wife but Kasapula was against the idea of the child living with him.

He said Kasapula was not provoked by his mother but that she told the complainant  calm down when she called her.

Magistrate Chitalu said that provocation is not an excuse for assault. He adjourned that matter to August 8, 2014 for mitigation and sentencing.

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