A 22-year-old woman, Felister Chipongwe, who was facing manslaughter charges, has been acquitted by the Livingstone High Court in Zambia.
Chipongwe was accused of causing the death of her newborn baby boy, whom she disposed of in a shallow ditch on April 10th last year.
According to a postmortem, the baby sustained severe head injuries on three separate parts while still alive, which ultimately led to its death.
In her defense, Chipongwe claimed that she gave birth unexpectedly while standing in her sitting room, as she was unaware she was due, leading to the baby falling onto the concrete floor.
Chipongwe further explained that, being a first-time mother, she was in a state of confusion and assumed the baby was already dead as it did not cry or move after birth. She then disposed of the baby in a ditch near her house, where it was later found with the placenta and umbilical cord still attached.
The court, sitting in Mazabuka District, determined that while Chipongwe had neglected her parental duty to protect the newborn by throwing it in the ditch, it was clear she had no malicious intent.
Despite her inexperience and the shock of the situation, the court found her actions negligent but not criminally intentional.
Following mitigation, which revealed that Chipongwe was deeply remorseful and traumatised by the incident, and noting that she now has a four-month-old baby, the court issued an absolute discharge, sparing her any further punishment.
