A man (31) who killed his three-month-old son because he suspected he was not the boy’s biological father was sentenced to 18 years imprisonment in the Katima Mulilo Regional Court yesterday.
David Malumo Lishokomoshi fathered Joseph Lishokomoshi with Mutinda Lilungwe.
However, on 2 October 2021, Lishokomoshi questioned Lilungwe about Joseph’s proof of parentage at their homestead in the Choto compound at Katima Mulilo.
Lilungwe maintained that Lishokomoshi was Joseph’s biological father but he refused to believe her. He then grabbed Joseph by the neck, threw him against the roof and watched as the baby fell to his death.
He then started assaulting Lilungwe with a bottle and a hammer.
She survived the assault, which resulted in Lishokomoshi facing a second count of attempted murder read with the provisions of the Domestic Violence Act 4 of 2003.
He was sentenced to four years for the attempted murder charge.
During her sentencing remarks, magistrate Clara Mwilima noted that Joseph was not only Lishokomoshi’s child, but a defenceless baby as well.
She said Joseph suffered a gruesome death at the hands of someone who had a duty to love and protect him against any form of harm.
“What is further aggravating is that the offences were committed in a domestic setting where they lived together as a family. This was a place where all of them were expected to feel safe from any harm. However, it turned out to be the most unsafe place on that fateful night. The court further considers what amount of hate was in Lishokomoshi’s head to take a three-month-old baby and hit him on the roof of the house because of his doubts about the child’s proof of parentage. The deceased did not deserve to be killed in such a brutal manner by someone who is his father,” she said.
According to Mwilima, if Lishokomoshi had doubts, he should have requested a paternity test and separated from Lilungwe, however, he chose the most unthinkable manner to deal with the matter.
“The amount of rage in the accused person’s conduct is evident in the evidence before the court, because after he assaulted Joseph and Lilungwe, they managed to escape from him. However, Lishokomoshi still chased after them to further inflict harm. He is responsible for the demise that will befall him. He has not shown any form of remorse for his actions. He is only sorry because he was caught and has been convicted,” she said.
Mwilima ordered that the sentences for the murder and attempted murder be served concurrently.
The state was represented by Bronnah Mukoya, while Lishokomoshi was represented by private lawyer Kalundu Kamwi.
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