THE Kasama High Court has convicted and imposed a K10,000 fine on a 43-year-old man of Kasama District for causing the death of seven people due to dangerous driving.
This is in a matter that came up for sentencing before Kasama High Court Judge Mathew Zulu in which Jonas Phiri pleaded guilty to seven counts of causing death by dangerous driving contrary to Section 161, sub-section 1, of the Road Traffic Act Number 11 of 2002 of the Laws of Zambia.
Facts of the matter were that on September 8, 2024, Phiri, whilst driving a Scania truck, registration number BCF 4180 ZM, along the Luwingu-Kasama road in a manner that was dangerous to the public, lost control of the vehicle and collided with a Toyota Ipsum, registration number ALL 2610, which had 10 passengers on board that was being driven by Elijah Bwalya Katuta.
As a result of the impact, seven passengers in the Toyota Ipsum sustained head injuries and later died.
In mitigation, the convict, through his defence lawyers, pleaded for leniency with the court stating that he was remorseful for his actions and regretted that he was the one who caused the premature death of the seven people.
The defence team led by Sola Kandeke added that the convict has been in prison since the time he was involved in the accident, adding that this has made him learn a valuable lesson and has since pledged to be cautious while driving.
And in passing judgement High Court Judge Mathew Zulu noted that Phiri’s actions had hurt the bereaved families and urged him to consider seeking an apology from them.
Judge Zulu then fined Phiri K10,000 for each count, but that the amounts are not cumulative.
He added that the now convict is required to pay the fine before January 13, 2025, or in default face six months’ simple imprisonment.
In a related development, Kasama High Court Judge Mathew Zulu has fined Robert Sinyangwe, 41the driver employed by the Zambia Forestry and Forest Industries Corporation (ZAFFICO), K10,000 for causing death by dangerous driving.
Sinyangwe pleaded guilty to four counts of causing death by dangerous driving, which resulted in the loss of four family members, including a staff member at Radio Mano.
The incident occurred on May 20, 2024, when Sinyangwe failed to keep to his lane while driving a ZAFFICO TATA truck along the Mbala-Kasama road, colliding with a Toyota Vitz.
In mitigation, Legal Aid Counsel Sola Kandeke pleaded with the court for maximum leniency, saying Sinyangwe is a first offender who readily pleaded guilty to the offences.
