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A self-proclaimed medical doctor of Chazanga Compound in Lusaka has been found guilty of causing grievous harm on a 31-year-old woman whose hand was amputated after been injected with a family planning drug.
Lusaka Magistrate, Chrispin Hampungani, on Monday convicted Shadreck Hang’andu alias Dr.HH, of causing grievous harm to Nancy Musonda, contrary to section 229 of the Penal Code and not the initial charge of maliciously administering poison with intent to harm contrary to section 231 of the Penal Code Chapter 87 of the laws of Zambia.
Particulars of the offence are that on August 12, 2022, in Lusaka, Hang’andu without any medical qualifications, unlawfully and with intent to injure, did administer a noxious drug on Musonda causing her grievous harm.
The convict, however, denied the charge.
During trial, Musonda testified that on the fateful day, she was with her neighbour outside her yard, when they saw Hang’andu standing on the other side of the road.
It was then that she was told by the neighbour that the convict injected people with a three months long contraceptive.
The victim said she got interested and Hang’andu was called to her shop.
Musonda added that she was injected with the said family planning drug.
But some minutes later, she began to feel pain and later on her breastfeeding baby developed diarrhoea passing out greenish stool.
After prolonged pain, she sought medical attention at a clinic in Garden House where she was given medicine to neutralise the drug.
Sadly, two days later, her condition worsened and, on her way back to the clinic for further medical attention, her hand got irritated at the site where the injection was administered.
The clinic medical personal referred her to Kanyama Level 1 hospital, and on her way there, she lost consciousness.
Musonda said when she woke up, she found herself in a ward at University Teaching Hospitals (UTH) with her hand amputated.
A public Analyst at Food and Drug Control Laboratory, (UTH), Dr Sumbukeni Francis Kowa told the court that according to a toxicology analysis, Musonda was injected with a drug called Medroxy progesterone which was a family planning contraceptive for women.
Dr Kowa said there was no trace of it in the blood sample.
The medical expert, however, explained that the said drug was a prescription drug administered only under specific instruction from medical personnel and if instructions are not adhered to, one maybe overrated, underrated or may result in toxicity or poison.
Magistrate Hampungani, in rendering judgement said there was no intentional malice that the accused wanted to injure, maim or kill the victim.
“However, this is an unqualified person administering a drug which is supposed to be administered under prescription from qualified medical personnel who is strictly supposed to follow the required quantities after assessing the status of the patient to see to it that the medicine fits a particular blood group or individuals,” he said.
He added, “On account of the accused’s actions the victim herein grievously lost her arm.”
“The accused’s unprofessional, amateur way of administering medicine, driven by the desire to survive without thinking of the consequences on the person the drug is being given caused the harm to the victim,” he said.
Magistrate Hampungani said the prosecution had only manged to prove the component of grievous harm and Hang’andu admitted to the injection of the victim.
He said the evidence which was adduced proved grievous bodily harm contrary to section 229 of the Penal Code Cap 87.
“In the final analysis, the prosecution has lamentably failed to prove the offence of maliciously administering poison with intent to harm, but have proved a lesser offence of grievous harm beyond reasonable doubt. I therefore, find the accused guilty of causing grievous harm to Musonda contrary to section 229 of the Penal Code and I accordingly convict him,” he ruled.
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