Court News

31-yr-old man fined K5,000 for causing death by dangerous driving

THE Ndola High Court has slapped a K5,000 fine against a 31-year-old businessman of Ndola for causing death by dangerous driving.
Ndola High court judge-in-charge Jane Kabuka fined Kazembe Chibesa after the court found him to have caused the death David Phiri on Kwacha Road while driving Isuzu KB 250 registration number AX 5589.
“I accordingly find that the deceased died from the injuries he sustained after being hit by the vehicle which was being driven by the accused. On the whole evidence, I’m satisfied that the charge of causing death by dangerous driving has been established against the accused to the required standard of beyond reasonable doubt. I hence find the accused guilty as charged and I accordingly convict him.”
“I have taken note of the learned defence counsel’s mitigation that you are aged 31 and that you have a family to look after. I, however, note that you caused the death of someone due to your dangerous driving and that the deceased too, was aged 31. I sentence you to a fine of K5,000, of which K2,000 will be paid to the family of the deceased. This money should be paid today (last Thursday) or in default you will serve nine months simple imprisonment.
“I further order that this sentence be endorsed on accused’s license,” Ms Kabuka said.
Chibesa paid the fine.
Particulars of the offence are that, Chibesa on February 12 this year, in Ndola caused the death of Mr Phiri while driving an Isuzu KB 250 registration number AX 5589 on Kwacha Road.
Dickson Banda, the deceased’s friend who was with Mr Phiri at the time of the accident told the court during trial that they were coming from a bar in Nkwazi township heading home in Chifubu township.
Mr Banda told the court that after they disembarked from a taxi at Kalewa bus station and they were walking by the roadside when a vehicle coming from the opposite direction hit both of them.
This left him unconscious; he only gained consciousness in hospital and when he inquired about his friend from his wife who was also at the hospital, he was told that his friend had died as a result of the accident.
Another witness, Prisca Chola, told the court that she was in the company of her husband, Mr Banda and the deceased as they were coming from her bar in Nkwazi around 22.00 hours on the material night.
On their way home, Ms Chola said that her husband requested to answer the call of nature so he remained behind with Mr Phiri while she walked ahead of them.
Ms Chola further told the court that she saw the deceased walking towards the bus station and advised his against doing so.
She told the court that suddenly, she saw a speeding vehicle coming from the opposite direction and it hit the Mr Phiri and her husband, tossing the two, her husband fell on the side of the road while the deceased landed on the tarmac.
Ms Chola further testified that the vehicle that hit the deceased did not stop but that an ambulance came to the scene of the accident shortly afterwards and took the two to hospital.

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