A farmhand has been sentenced to 15 years in prison for assaulting a woman he was employed to care for, who later died from her injuries in the hospital.
Kenneth Choker was hired by Wilson Sawil in 2016 to assist Rosaline Sawil, who had been battling hypomania, a psychiatric disorder characterized by heightened energy and mood fluctuations, since 2003.
Due to her condition, Rosaline often exhibited rude behavior and uncontrollable anger towards her caregivers. Choker was subsequently charged with manslaughter and found guilty.
His appeal to the Court of Appeal was unsuccessful in December of the previous year, as three judges determined that the evidence against him was substantial and that the sentence was appropriate.
In January 2019, Rosaline’s husband learned that Choker had assaulted her with a hoe in an attempt to restrain her.
He struck her in the neck and right hip, explaining that he did so “to instill fear in her.”
The widower testified in court that his wife had a volatile temperament.
A postmortem examination revealed blue discoloration on her body, along with a 6cm long sutured incision on the right side of her neck and another incision on her back.
The examination also indicated that her lungs were swollen due to pulmonary edema, a condition caused by excess fluid in the lungs.
In its final ruling on November 5, 2019, the High Court concluded that malice aforethought was not established and found Choker guilty of manslaughter.
In affirming the ruling, the judges of the Court of Appeal expressed their satisfaction that the trial judge had not acted on any erroneous principles and had considered all relevant factors.
They stated, “We do not view the sentence as excessive given the circumstances of this case,” and therefore chose not to alter it.
