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The Lusaka High Court has sentenced a 65-year-old man from Chibombo and his two children to life imprisonment for the murder of his daughter’s ex-husband, whom they beat to death following a family dispute.
High Court Judge, Vincent Siloka, convicted Davies Chiyaba, his 37-year-old daughter, Modrine Chiyaba, and 24-year-old son Frank Chiyaba for the murder of Thomas Chishi, which occurred on May 4, 2023, in Lusaka.
The court heard that Chishi, who had divorced Modrine, frequently visited her at night at her father’s home, demanding sex despite their separation.
On the night of the incident, the Chiyaba family allegedly decided to confront Chishi in an effort to stop him from returning to their residence.
During the trial, several witnesses testified to the events of that night. Aaron Zambo, a neighbour, said he was awakened by Davies Chiyaba, who called for help, claiming there was a thief.
Zambo followed the commotion and encountered Modrine, who claimed that Chishi had attempted to stab her with a screwdriver. He witnessed Frank kicking Chishi while he was on the ground and attempted to intervene but was overpowered.
Another witness, Collins Mukuka, testified that he advised the family to take Chishi to the police. However, instead of reporting him, the trio continued to assault the victim.
Later that night, Modrine was reportedly seen beating Chishi on a bridge near the compound.
The following morning, Zambo was informed that a body had been found at Chunga Bridge. Upon arriving, he identified the deceased as Thomas Chishi and observed multiple facial injuries.
Headman Philimon Kandindima and other witnesses confirmed that the trio had assaulted Chishi the previous night.
A postmortem conducted by a medical examiner revealed that Chishi died from blunt force trauma, including internal bleeding caused by a ruptured liver.
Detective Chief Inspector Simfukwe testified that the three accused were arrested for murder, while a fourth suspect—Modrine’s alleged boyfriend, Pethias Mapulanga—remains on the run.
In their defence, the convicts claimed they had no intention to kill Chishi and argued that the situation had escalated unexpectedly.
However, Judge Siloka ruled that the prosecution’s evidence was consistent and credible. He found that the accused acted with malice aforethought and intended to cause serious harm or death.
“The accused knew that beating and kicking the deceased would result in death or grievous harm. The state has proved its case beyond reasonable doubt,” said Judge Siloka, adding, “I find all three accused guilty as charged.”
During mitigation, the court heard that the convicts were first-time offenders and had shown remorse.
Modrine, a mother of three, was said to be the primary caregiver for her children, while Frank, aged 24, was described as capable of reform.
The defence pleaded for leniency, citing that the trio had been in custody since the day of the offence.
However, Judge Siloka noted that the offence carried a mandatory sentence and subsequently sentenced all three to life imprisonment. He informed them of their right to appeal within 14 days.
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