THE LUSAKA High Court has ordered that the Lusaka lawyer who attempted suicide after poisoning her two-year-old son to death be detained at the President’s pleasure.
Delivering judgement, High Court Judge Dorcas Malama ordered that that Namwene Phiri be detained at Chainama Hills College Hospital.
Being detained at the President’s pleasure entails that the person found guilty of a crime will be in n detention for an indefinite length of time due to their mental problems which can cause them to repeat the offence.
This is in a case Namwene was charged with the murder of her son, Ayden Sipalo, by administering a poisonous substance on the boy, February 15, 2022.
The first time she appeared in court, mid last year, the court ordered that she should be mentally examined.
A medical report showed that the accused was not fit to stand trial after being diagnosed with excessive depression and personality borderline disorder.
In accordance with the law, the Judge recorded a plea of not guilty plea and proceeded to hear the case.
During trial, Nawmene Phiri’s older sister ,Esther Phiri, narrate that the accused had informed her that she tried to end her life after her Ayden drowned.
Ms Phiri testified that her sister, who had in the past attempted suicide, told her that she drunk a pesticide mixture because she had nothing to live for since her son Ayden died after drowning.
The witness narrated that the accused her younger sister had a troubled childhood and sought counselling services in her adulthood.
Ms Phiri said the accused was abused “mentally, verbally, physically by my late aunty who was married to my late mother’s younger brother.
“Our parents died when we were very young. Our father died when the accused was a year old. Our mother died when my sister was three years old,” Ms Phiri said.
In final submissions, senior State Avodcate Bob Mwewa, submitted that the court should find the accused guilty of murder.
But her lawyer, Lubosi Yeta, urged the court to acquit her or alternatively if found wanting, she should be detained at the President’s pleasure considering her mental condition.
Passing judgement, Justice Malama said the evidence on record shows that the accused planned the act and poisoned the child as indicated by the post-mortem report findings.
The judge also noted that the accused had written a note indicating that she wanted to end her life and that of he child.
“Having considered the circumstances surrounding the death of the deceased, the only inescapable inference that I can draw is that it is the accused who fed the deceased with pesticide.
“The accused fed the deceased with the pesticide that she also consumed in order to take her life and deceased’s life. I, therefore, find that the accused killed the deceased,” Judge Malama ruled.
(Mwebantu, Monday, 23rd October, 2023)