MOOT QUESTION- GROUP 11

On 16th June 2022, Malango Chulu Hatwiko was arrested and charged with the
murder of her husband, Greeves Mutinta Hatwiko at North Mead Police Post. The
events that led to her arrest are as follows:

Malango and Greeves were both employees of United Commercial Bank PLC. On
the 15th June 2022, they attended a beer festival in the out skirts of Lusaka City.
They shared a few pitchers of their favourite lager with their workmates and left the
festival at about 19hours. On the way back home, the couple offered a lift to one of
their workmates, Max Kasapa. The couple argued in his presence when Malango
saw a whatsapp message on Greeves’ phone. It was the image of a woman and a
child with a caption that said, ‘Mutinta Junior is missing you’. Malango and Greeves
left Max at a drinking place at Manda Hill Shopping Mall, and proceeded to their
residence in Lusaka’s suburb of Chinama. Malango’s brother, Lusungu, who lived
with the couple and their three children, informed the Police that they arrived home
at 22 hours. He further told the Police that the couple retired to bed as soon as they
got home. They did not argue in his presence. Lusungu did not go to bed, because
he was waiting to watch an IBA boxing match between Floyd May Weather and
Chingangu at 03 hours. At around 02 hours, he heard a gunshot and rushed to his
sister and brother in laws bedroom. When he entered the bedroom, he saw Greeves
lying on the bed with blood on his stomach, but he was still breathing. His sister was
kneeling on the floor and crying, but he could not remember seeing a gun. There
was no other person in the room. Greeves was rushed to Levy Mwanawasa Hospital,
by Malango and Lusungu, but he died within minutes of his arrival there. A
postmortem report revealed that the deceased had a gun wound in the small of his
back, and six exit wounds in his left iliac area. The wound on the small of his back
had a grey substance around it. A test revealed that the said substance was gun
powder. The cause of death was hemorrhagic shock as a result of injuries to his
spleen, liver and intestines. Some pellets were recovered from the deceased’s body.
In addition, a police report revealed that a fire arm was found at the scene of the
crime. A ballistics officer examined it, and it was not faulty.
A trial was heard before the High Court in Lusaka. Malango was convicted of
murder, and committed to the High Court for sentencing. She has instructed her
lawyers to appeal against her conviction in the Supreme Court of UNILUS.