In this matter, Ms Numwa had assaulted a four-year-old child who trespassed on her premises on New Year’s Day.
Earlier this year, Ndola Magistrate Changa Chitabo convicted and sentenced Ms Numwa after the State proved its case beyond reasonable doubt.
However, in her notice of appeal against her conviction and sentence, Ms Numwa’s lawyer Tom Shamakamba has argued that the court erred in law and fact when it convicted his client on circumstantial evidence which was never taken out of the realm of conjecture.
He also contended that the court below erred in law and fact to convict the appellant on the uncorroborated evidence of the minor.
Mr Shamakamba has argued that the State brought to court a stone as the sharp instrument used to assault the minor but there was no such evidence and as such, the court erred in law and fact.
He said the court made a mistake to find his client guilty of the charge when there was no any evidence, direct or indirect, to prove that Ms Numwa caused the injury to the minor.
Mr Shamakamba stated that the court erred when it failed to consider the evidence of the defence as to the fact that the child was not among the children around at the time his client threw the stone.
“The court erred in law and fact that the injuries sustained by the minor were caused by the fluck stones when there was no such evidence,” Mr Shamakamba stated.
On January 1, this year, Caroline Mumba 35 reported on behalf of her four-year-old son that he was assaulted by Ms Numwa using a stone.
The incident happened in Ndeke area when the child was playing outside the house with his friends while lighting fireworks.