Woman gets justice after 17 years on remand
Alice Sinoya, who was in 1999 arrested and charged with manslaughter, on Wednesday saw her day in court after she was sentenced to two years imprisonment with hard labour (IHL).
Presiding over the case, High Court judge Dorothy NyaKaunda Kamanga described Sinoya’s case as “an embarrassment for the justice system to say the least”.
She said: “When cases have to drag this long then people will not trust us [the Judiciary] to deliver.”
Sinoya pleaded guilty to causing the death of Noel Makoko in 1999 contrary to Section 208 of the Penal Code.
The judge initially handed Sinoya an 18-year sentence, but reduced it to two years due to mitigating factors advanced by the defence which argued that 17 years was too long a time for a person to be on trial.
Further, the defence argued that Sinoya pleaded guilty, thereby saving the court’s time and that her prolonged time on remand justified her to get a lenient sentence.
In her ruling, Kamanga said: “The two factors in this case are that she used a dangerous weapon to stab a man on the chest resulting to his death and that generally manslaughter is serious offence as such anyone convicted deserves due punishment for their act.”
She also observed that Section 42 of the Constitution states that a person should be notified of their offence within the required time.
Citing a ruling from the case of Rafael vs. Republic in 1999, the judge noted that if a person accused of homicide is kept for two and a half years without being told of their judgement then they have served their sentence.
However, she remarked: “If two and a half years means you have served a harsh punishment then how about waiting 17 years of your life?”
Ruling on her case was initially set for August 9 2005. However, Sinoya had allegedly jumped bail; hence, it was not delivered.
In October 2015, she could not get to know her fate because prosecutors did not bring the case to court.
Sinoya comes from Traditional Authority (T/A) Chimaliro in Thyolo District.
Facts of the matter as outlined in court were that in September 1999, Makoko entered into an agreement with Sinoya, who was then working as a commercial sex worker at Luchenza in Thyolo, to indulge in the act, but Makoko allegedly failed to pay for the services.
Sinoya is said to have confiscated Makoko’s shirt to force him to pay. The two then agreed that Makoko would return the following day with the payment to reclaim his shirt, the court learnt.
Further, the court learnt that Makoko later decided to get his shirt by force, way of strangulating Sinoya. However, Sinoya, who was then reportedly preparing salads with a knife, retaliated by stabbing Makoko in the chest.—Malawi News Agency
