careless driver fined K3,000

THE High Court has fined a-34-year-old driver K3, 000 for causing the death of a person who was lying on the road.      

This is in a case, Innocent Mubita is charged with causing death by dangerous driving.

Evidence before High Court Judge Kenneth Mulife is that on August, 5, this year, in Livingstone, around 00:00 hours.

Mubita was driving a Toyota corolla bearing registration number AJB 776 on Nakatindi road.

Mubita was driving from eastern direction to the western direction whilst Sidney Kazembe lying on the road struggling to stand up and walk.

On the fateful day, Herbert Mulamfu found Kazembe lying on the road on the other lane.

Kazembe was struggling to stand up and move away from the road.

Mulamfu decided to stop and help Kazembe and whilst doing that Mubita appeared driving at high speed heading in the western direction.

 Mulamfu then signalled to Mubita by flashing his lights towards him so as to alert Mubita of what was going on but Mubita ignored him.

Due to Mubita’s failure to read the traffic situation even when he was signalled to stop and also failure to reduce his speed, he ran over Kazembe who was in the other lane.

As a result of Mubita’s actions, Kazembe sustained a fatal injuries was rushed to Livingstone Central Hospital by Mulamfu where he later died.

The matter was reported to the police, who visited the scene.

A sketch plan not to scale was drawn by sergeant Kebby Samalumo of Livingstone Central police and Mubita was apprehended.

A post mortem examination by Dr Taras of Livingstone central Hospital revealed that the cause of death to be internal bleeding due to rupture of the liver.

Road Safety and Transport Agency conducted an examination which revealed that the cause of the accident could not be attributed to any vehicle mechanism failure nor system malfunction.

In mitigation, Legal Aid Board lawyer, Martin Mankinka asked the court to be lenient on his client as he is father of four children.

He said he is remorseful for having caused the death of Kazembe.

And Judge Mulife said he has considered the mitigation and that he is first offender who deserves leniency.

He said the offence is prevalent and there is loss of life so he would punish him to deter others.

Judge Mulife said he would fine him K3, 000 or default three months simple imprisonment.

He ordered that his driving license should be suspended for six months.

He also reminded him to appeal to the court of appeal if he was not satisfied with the sentence.  

 End